Legal Question in Real Estate Law in New York
tenants in common
my brother and I are tenants in common on the house we live in. Does that mean that the house goes to either or surviver? Or can one of us leave our portion of the house to a spouse or child?
1 Answer from Attorneys
Re: tenants in common
There is no right of survivorship in a tenancy in common.
A tenant in common's will can provide that in the event of that tenant's death, the decedent's tenancy in common interest in the house passes to whomever the will designates which can be the spouse or child of the deceased tenant in common as provided in the will.
If there is no will, then the tenancy in common interest in the house passes to the deceased tenant's heir(s)in the priority set forth in New York's statutory scheme for intestate distribution in Section
4-1.1 of New York's Estate, Powers and Trusts Law (EPTL).
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