Legal Question in Wills and Trusts in New York

if my aunt and i owned a property in New York and she is deceased but did not make up a will just me and her name is on the will. She got married but her husband did not pay for this house it was paid for before she got married what is the law for this situation?

Asked on 9/21/12, 10:16 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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Your facts are confusing. Are both your names on the Deed, which you appear to have inadvertently said was a Will? The probablity is that you own the house, as the survivor of you and your aunt, but that since the house was the marital residence of your aunt and her husband, he has certain occupancy rights. I cannot tell what is your interest without seeing the original Deed. Presuming I have correctly covered the facts, the next question is what, if anything, the husband is responsible to pay for his lifetime occupancy? Since this has never been covered by anything in writing, this may result in possible litigation. I suggest you and the husband work out something in writing, to avoid the expense of possible litigation. This is a response to an Internet question and the reply is based on presumed facts not confirmed in the question. The reply is not intended to be legal advice or as creating an attorney-client relationship, and the reply could be different if different facts were presented.

Answered on 9/21/12, 1:49 pm

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