Legal Question in Real Estate Law in New York

property rights

My Mother in law still has her name and her husband's on the deed to our home. They also do not have a will. My husband's and my name are on the deed also. If she and my father in law die will the property belong to us free and clear or will my sister in law have a claim?


Asked on 9/27/06, 8:54 am

2 Answers from Attorneys

Re: property rights

If you inlaw's are listed on the deed, then they are equal owners, or owners to the extent of their listed respective percentages. Depending on the TYPE of deed you have, the disposition of their share of the property may or may not be favorable to you. If you have a copy of the deed and access to a fax, please feel free to contact me.

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Answered on 9/27/06, 3:59 pm
Arnold Nager Arnold H. Nager, Esquire

Re: property rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Under NY law, if you are listed as Joint Tenants on the deed, and one or more Joint Tenants die, the surviving Joint Tenants own the entire property.

If you are listed as Tenants-in-Common, you only own your undivided interest, and the share of any Tenant-in-Common becomes part of his/her estate upon death.

Any mortgages or other liens on the property remain.

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Answered on 9/27/06, 6:49 pm


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