Legal Question in Real Estate Law in New York

Re: two-partyownership

There is missing information. Exactly how is the Deed titled, just the names, or with some other designation (like tenants in common, joint tenants with right of survivorship)? The registration controls the answer, as it determines what rights exist in the estate of the owner who died. For example, if the Deed states they own as tenants in common, the estate of the decedent owns an undivided 1/2 interest in the property (unless the Deed specifies other percentages). This is like a partnership and rights exist, including the right to seek contribution from the surviving owner for his/her share of the unpaid taxes. If the Deed says joint tenants with rights of survivorship, the entire property becomes the property of the surviving owner. If you could send or FAX (973-377-8167) a copy of the Deed, I could provide more information and a better answer.

Re: two-partyownership

The deceased title must pass through probate of administration. It should definitly pursued.asap.

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Re: two-partyownership

A lot depends upon how the deed reads. If they are joint owners the survivor gets ownership. If not, the estate ownes half and the second owner owns half. Failure to pay taxes changes nothing.