Legal Question in Wills and Trusts in New York

Re: inheritance

Typically, when real estate is inherited by children, the Deed from the Executor states they are equal owners, as tenants in common. This allows each owner to pass their undivided shares by their own Will as they choose, including to a spouse. There are several ways your father can assure the house will go to the grandchildren: (1) leaving the property directly to the grandchildren, but reserving life estates to each child, (2) placing the ownership of the house in a trust to accomplish the same result. There are many nuances to each choice, which include what happens if both want to use the house, one wants to sell his interest, who pays bills, etc., too numerous to discuss here. If you need more information or assistance, contact me directly.