Legal Question in Wills and Trusts in New York
Disclaimer of Joint Property
In New York, can a surviving spouse disclaim their survivorship interest in real estate which was held by husband and wife as tenants by the entirety?
Can you cite the statute?
Asked on 1/17/05, 3:21 pm
1 Answer from Attorneys
Arnold Nager
Arnold H. Nager, Esquire
Re: Disclaimer of Joint Property
Property held by two spouses by the entirety does not becamje part of the estate. It passes to the survivor. If the surviving spouse wants to give the property away, it should be done with a deed.
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Answered on 1/17/05, 5:08 pm