Legal Question in Wills and Trusts in New York

estate

my husband passed away we both are residents of new york. we own a house in savannah georgia. I found out the deed on the house was not worded right now his heirs are entitled to his half. What am I entitled to. There is only 60000 of equity on the house and 130000 mortgage left. He did not have a will


Asked on 7/25/07, 5:12 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: estate

It appears, from your question, that the property was not registered in both names as joint tenants with right of survivorship (JTROS) or as tenants by the entirety ( a form of JTROS but exclusively limited to real estate), but probably as "tenants in common", which is an undivided interest (usually one-half, unless specified in different proportions). Based upon that registration, if I am correct (I would need to see the Deed to be sure), you would be entitled to one-half of the net value, after reduction for the mortgage balance. You do not say if you signed the Note and Mortgage, and how, if you did, they read. Depending upon the language in those documents, you might be responsible for all of the debt, or only one-half. Best case scenario - from the limited facts and my guesses of the rest, is that you would only be entitled to about $30,000 of the equity, presuming the mortgage balance was paid. Likewise, you have provided no information on his "heirs", which might also include you if the generic term were used, or other people (like children from another marriage, or siblings, parents, etc., if actually named) More facts are needed for more than this general answer. You may contact me directly, but I will need more facts to give you a better reply.

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Answered on 7/25/07, 5:39 pm


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