Legal Question in Wills and Trusts in New York

deed

I have a deed that is under my moms maiden name,same as mine,in the deed to have & to hold the premises heiron granted unto the party of the second part,meaning my mom & the heirs distributees & assigns of the party & the second part forever,& my mom got remarried. She left everything to my stepdad in the will. Does the land go to me? (My mom trusted him to give me policies & assets but I never got them.)


Asked on 1/16/07, 10:26 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: deed

Your mom, by her Will, left everthing to your stepdad. That's it. She had complete freedom to give the property to anyone she chose (subject to stepdad's spousal rights). You have no rights in the real estate described in the deed.

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Answered on 1/17/07, 9:42 am
Walter LeVine Walter D. LeVine, Esq.

Re: deed

From your description of the Deed language, I agree with Norman. Unless you are specifically named as a Grantee, it seems that all the language does is put the Deed into mom's name, as the absolute owner, and leaves it to her as to whom she wants to pass it on to. ABSENT SOMETHING ELSE, HER wILL CONTROLS WHO GOT IT.

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Answered on 1/17/07, 11:35 am


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