Legal Question in Real Estate Law in New York

Re: What type of title do I have?

Attorney McAlister is correct. In any event, you should consult with an attorney as soon as possible to determine whether there are assets of the estate, which would be administered, not probated, because there was no will.

Re: What type of title do I have?

Did you buy the house together while Husband and wife? If so, you have a Tenant by the Entirety and it passes to you by operation of law.

(No probate).

Re: What type of title do I have?

IF you were legally married when BOTH your names were entered on the Deed, the property was owned "As Tenants by the Entirety." There is no need to file a Court Petition with respect the property ownership or title, since it PASSED to You, as Surviving Tenant," in its entirety.

Thus, Your daughter is not entitled to any portion of the value of your deceased husband's "undivided" share or interest in that property.

However, if your deceased husband owned the property prior to your marriage; and the "daughter" is a product of a prior marriage, to another, with whom your husband purchased the property, your rights, title and interest to the property, could be encumbered and my answer would be, immediately schedule an appointment for consultation with an attorney. Talk with your daughter and ask her why she believes she is entitled to whatever.

Good luck,

Re: What type of title do I have?

In essence, your property is joint tenants (the legal name is tenants by the entirety) with a right of survivorship based upon the death of your spouse.

To clean things up now and not later, get a certified copy of the death certificate so that later on when you sell the house, the title company will provide the buyer with clean title.

The house is yours now without probate, not your daughters. Unless there are tax reasons for changing, whaich I do not know of, why add her? It's yours, not hers.

Re: What type of title do I have?

if you held title as married persons at the time of his death, you held title in what is known as tenants by the entirety, and by operation of law, at his passing, you would inherit the house.