Legal Question in Wills and Trusts in New York
Legal Deed or not
my mother passed away and was remarried durning this time she had changed the deed to her house with my stepdad on it. when she passes away i thought my sister and i were to have half the house with him when i picked up the deed there was a clause after the owners name my step dads then my moms name with hand written in by tenent in the entirty, which was not tpyed in the deed nor showed that there was any intentales that were next to this clause is this a legal deed ?
3 Answers from Attorneys
Re: Legal Deed or not
If that was the way the deed was filed with the County Clerk, yes.
Mike.
Re: Legal Deed or not
If the Deed was recorded, even with a handwritten addition, it is valid. Despite the handwritten addition, traditionally any Deed filed between spouses (where both are named) creates a tenancy by the entirety (survivorship between spouses). Seems he is entitled to the entire house.
Re: Legal Deed or not
I agree, the odds are that it is a legal deed. You should check the county clerks office, and make sure that the deed which you were shown was in fact the way it was recorded. If it is, then your step father is now owner of the house.
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