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.

Call me if you require further information at 914-478-2981

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Answered on 1/17/05, 5:08 pm


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