Legal Question in Real Estate Law in New York

wording of deed in NYS

If a deed says Jane Doe ''and'' John Smith in NYS is it assumed it is ''tenants in common''? My husband's sister is deceased and owned property with someone who pre-deceased her by 8 yrs. They were not in a relationship at time of his death. She never did anything about property although she continued to pay the RE taxes. Now that she is gone, we don't know where to start. Do we have to find his family? Thanks for any light you can shed on this subject.


Asked on 7/15/09, 1:09 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: wording of deed in NYS

If a deed says Jane Doe ''and'' John Smith in NYS is it assumed it is ''tenants in common''?

A. Yes.

Do we have to find his family?

A. Yes. I would start with a search at the Surrogate's Court. There may have been a will or a relative commenced an administration proceeding.

If you need help with this issue feel free to telephone.

Mike.

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Answered on 7/15/09, 1:37 pm


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