Legal Question in Wills and Trusts in New York

1. yes

2. add her to title

Add her to title as a JOINT Tenant. This will result in the survivor inheriting the asset.

Add her to the title. Get an attorney to do it for you to get it right.

As my colleagues suggest, if an asset is held jointly with right of survivorship, that asset will pass to the survivor by operation of law. In such an instance, probate will not be necessary (at least as to that asset).

But your question (assuming you are not the husband referred to in your posting) presupposes that there is no good reason to exclude the wife from immediate ownership. There may, or may not be, a good reason.

Your question also tends to promote the myth that probate is a long, expensive, and horrible thing. Most probate proceedings are done easily and neatly, and need not cost an arm and a leg.

A transfer of the asset from ownership solely by the husband to ownership jointly by husband and wife will not necessarily avoid probate, because there may be other assets in the husband's estate.

This is the kind of thing that you should discuss, in detail, with an attorney.

Good luck to you.

While I agree with the other authors, one missing suggestion might be considered. All individually owned assets require a Will to transfer ownership. Thus, not only the condo might be involved, so would all other assets in an individual name. Consider a living trust for all individual assets. Assets titled in ther trust name avoid probate, and have additional benefits in addition to probate avaoidance. A properly drawn trust can possibly save death taxes, protect assets from creditor claims, provide continued handling in the event of incapacity, etc. Contact me directly for more information.