Legal Question in Real Estate Law in New York

Re: survivorship

Its a little difficult to understand your question, but I will give it a shot.

I am assuming that you own land with your father, as joint tenants with right of survivorship. I am further assuming that he has informed you that he intends to dispose of his half of the property to someone else through his will when he dies.

Assuming that nothing changes between now and your father's death, you would end up owning your father's half of the property, as the survivorship rights of joint tenancy take precedence over a will. Essentially, the moment your father dies, you become owner of his half of the property. The property never becomes part of his estate, and thus cannot be disposed of by will.

However, if your father chose to transfer his interest in the property now, by deeding it to someone, and the deed was properly recorded, then you would become a tenant in common (no right of survivorship) with the other party. Your father would not need your consent to do this.