Legal Question in Wills and Trusts in New York

Re: Estate Distribution

It depends on the type of ownership interest. If the deed verbiage is "X and Y, his wife or as Joint tenants with rights of survivorship" then his interest is automatically transfered to her upon his death. If no such language exists, then they are consdiered "tenants in common".

I would need more specific information to determine the actual distribution. You may contact me directly to further discuss your matter.

Re: Estate Distribution

Following up on Mike's answer. I am not sure if no survivorship designation is in the Deed (either tenants by the entirety or joint tenants with right of survivorship) if the presumption is tenants in common (in which case only 1/2 of house automatically goes to the wife) or if the presumption is tenants by the entirety (which is the legal designation for survivorship between a husband and wife solely for real estate). If the Deed is silent, and states nothing following the Grantee names other than husband and wife or H/W, anticipate some litigation over whether or not a presumption exists and what it should be. More information on the Deed language is needed for a complete answer.