Legal Question in Wills and Trusts in New York
My father and his brother were left a house by their mother who is deceased. Currently the deed is in both of their names. My father has stipulated in his will that my mother will receive all of his property. Is my mother entitled to half of the house if my father dies or will ownership be passed to his brother only?
3 Answers from Attorneys
It all depends on the terms of grandma's will. If the house was left to her children as tenants in common, then your father can give his one half interest to your mother. If, on the other hand, it was given to the children as joint tenants, with right of survivorship, then on your father's death, the entire parcel will go to your uncle.
That may depend on how the deed reads.
Norman has correctly answered the question. It depends upon the language used when the Deed into your father and his brother was prepared. If no language is there, the presumption is tenants in common. I suggest having someone get a copy of the Deed to check the language, so if the Deed needs to be corrected, it can be done while the owners are alive.
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