Legal Question in Wills and Trusts in New York

My husband and I both live in NYS inherited a large sum of money (which is now in our joint savings) and a home from his mother upon her death. This is the home in which we both live with our individual daughters. I wanted to buy a home for ourselves but my husband talked me out of it since he said it was a waste since we have an empty home which we could occupy.

The mother of his daughter is on drugs and has a 21 year old boyfriend who controls all she does. I am concerned about how my husband's death would leave me financially. How can he/we (we have a joint will) write his will so that will leave me in a financially stable position?


Asked on 12/30/10, 5:32 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

You need to be a Joint owner (with right of survivorship) of the house you are living in. All it takes is a new deed signed by your husband as his mother's heir to you and your husband. If properly recorded, it will insure that you get the house upon his death.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

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Answered on 1/04/11, 5:42 pm


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