Legal Question in Real Estate Law in New York

My parents owned a house together -- joint tenants on the deed. My father passed away and my mother then owned the house. My mother then gifted half the house to my brother. It says joint tenant on the most recent deed. Is this possible? My mom just died and willed the house to me. There is controversy over who the property goes to. Please help me clarify this.


Asked on 10/06/09, 1:53 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Based on your question, the house would go to the brother. Under law, a deed that has "so and so" and "so and so", as joint tenant, means that upon passing of one party the other party receives the realty. The realty would not pass under a will.

Mike.

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Answered on 10/11/09, 1:59 pm


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