Legal Question in Real Estate Law in New York
Old man out on his ear
My grandfather lived with his girlfriend for 20 years, during which time they bought a co-op together. Since they never married, my grandfather signed a joint tenancy with rights of survivorship for the co-op. My grandfather is in his 80's. His health has been failing and the girlfriend decided that she did not want ''to care of him'' and wanted to put him in a nursing home. He was given the option of going to a nursing home or moving in with his daughter. He was not given the option (by the girlfriend) of remaining in his own home. He has gone to live with his daughter after being thrown out. My grandfather wants to reverse the JTWROS agreement as he no longer has any wish to leave anything to this woman. Can anything be done? Thank you.
1 Answer from Attorneys
Re: Old man out on his ear
So long as your grandfather has legal capacity to act, he can "sever" the joint tenancy unilaterally by several means, including by means of a deed to himself or to a third party (with a subsequent re-conveyance back to him), and convert it into a tenancy in common, which would enable his share of the property to pass under his will to the persons he designates or according to the rules of intestate succession. Note that the deed or another instrument should be properly recorded to effect the desired severance. With older folks, though, the threshhold issue is often mental capacity to sign deeds, etc., so it would help to have medical backup and take certain other precautions in the execution of legal documents. Depending on the circumstances, your grandfather may also have a cause of action against the other co-tenant for ouster.
The above reply is in the nature of general information, is not legal advice and should not be relied upon as such.
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