Legal Question in Wills and Trusts in New York

joint ownership vs living trust

My dad and Mom are still legally married, even though they have be seperated for 20 yrs(not legal sep) They own a home written on deed as his name and his wife. She still lives in the house and he wants--name removed--leave his half of the house--name removed--myself. What does he have--name removed--do--name removed--accomplish that? If we don't figure out some sort of trust, she will get the house by right--name removed--surviorship.


Asked on 9/04/06, 1:46 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: joint ownership vs living trust

You will need her permission to place the house in a Trust as she will have to sign the deed over to the Trust and sign the Trust doc. If she is willing, no problem.

If your Father divorces your Mother that will sever the "Title by Entirety" to a "Tenants in Common" and he can then leave his share to whomever he states in his will or force a sale of the house and get his share.

Since they are separated, why not ask her to change the deed. After all, if she passes first, he will get her share too. Before doing same make sure there are no judgments against your Father as they will then be able to foreclose on his share of house. Right now they can not unless your Mother passes first.

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Answered on 9/04/06, 11:34 am


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