Legal Question in Real Estate Law in New York

Re: Title to Real Estate

If your brother passed away, the property is fully yours. Noone elses if you are "tenants by the entirety."

Re: Title to Real Estate

In New York, only a husband and wife can own property as tenants by the entirety. As siblings, you may own property either as Joint Tenants with rights of survivorship or tenants in common. In a joint tenancy, the survivor would own the property outright regardless of any disposition in a will.

You should have the deed reviewed by a real estate attorney to determine in what manner you actually own the property. If title is held as joint tenants, your brother's will does not affect your rights (unless he first breaks the joint tenancy). If title is held any other way (such as tenants in common), then you would not receive your brother's share when he dies as his will will control; you would own only your share of the property as you do now.

Re: Title to Real Estate

Only married couples can own real estate "by the entirety" in NY. You should have a qualified NY real estate attorney review the deed and contract of sale to determine your situjation.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

Re: Title to Real Estate

Siblings (or other unmarried people) may own real property as "Tenants In Common," "Joint Tenants," or "Joint Tenants with Rights of Survivorship."

Therefore, if you survive your brother, you will retain your share (ie., one half interest in the property), or you will own the whole of the property.

Neither you nor your brother can "unilaterally" transfer the other's property share or interest in the property, by deed, contract or will, to any other.

Good luck,