Legal Question in Wills and Trusts in New York

Who Gets The House--the Husband or the Kids?

Nana died two weeks ago. She had remarried about 3 years after my grandfather died in 1969. However, she NEVER had the deed to the HOUSE put in her new husband's name--it is still to this day in the name of BOTH my grandfather and grandmother. For all intents and purposes, there is NO WILL that says step-grand-dad gets the house (the ''will'' discussed in my other thread stated that he could live in the house until he died, and then it would be split among her daughters, but it NEVER gave him any ownership). Does he have a shot at getting it if he chooses to fight, or does it automatically go to my mother and aunts? Thanks in advance!


Asked on 10/25/04, 9:19 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Who Gets The House--the Husband or the Kids?

Since there is no valid will, the estate passes in intestacy. Under NY Law, the surviving spouse is entitled to $50,000.00 plus one-third of the estate and the children share the balance. The house becomes part of the estate since Nana survived Grandpa. So depending on the value of the house and the rest of the estate, Grandpa may get more or less than a life estate.

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Answered on 10/26/04, 7:14 am


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