Legal Question in Wills and Trusts in New York
Advice on apartment.
Hello!
My husband is dying from cancer. We have an apartment which is registered on his name and on the name of his mother. We also have a 3 year old daughter. I'm afraid that after his death, his mother will kick us out. I did not speak with him on this matter because I just can't make myself do it. As far as I know he doesn't have a will.
What should I do?
Please, help me, I'm so afraid.
1 Answer from Attorneys
Re: Advice on apartment.
The mother may not have the right to "kick you out", depending on how the deed reads. If the deed reads "joint tenant with right of survivorship" or "joint tenant", upon the death of husband mother receives property.
If the deed just has the names or states "tenants in common", husband's share of apartment passes under intestacy laws (if he does not have a will). Under the intestacy laws you receive 1/2 of estate plus $50,000. Daughter receives 1/2 estate.
Mike.
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