Legal Question in Real Estate Law in New York
Joint Tenantcy
If a brother and sister own a house under a ''joint tenantcy'' and the brother passes away without a will, does his share of the property go to his spouse or his sister?
2 Answers from Attorneys
Re: Joint Tenantcy
Sister. If he wants it to go to spouse need to "re-do" as Tenants in Common. Not difficult procedure.
Re: Joint Tenantcy
If two or more persons own property as "joint tenants," that includes "WITH rights of survivorship," written on the Deed, the property passes to the SURVIVING "joint tenant/s," as NAMED on the Deed, by "Operation of Law." It does not pass to the Estate of the deceased "joint tenant," nor the deceased' surviving spouse.
However, IF the property was accquired with marital property, in a "fraudulent way, or SHORTLY before the deceased' death, the surviving spouse might have a good claim for "returne" of the deceased share or interest in the property, to the estate, for possible distribution to the spouse.
Good luck,
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