Legal Question in Wills and Trusts in New York

i Live in NY and want to leave my 3 adult children my share of the house when I die. My husband has 2 adult children from his former marriage. If I die how to I protect my 3 adult children to inheret my share? Do I need my husband to consent if I make a will? Thank You


Asked on 7/24/09, 5:00 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

If title to the property is in your name alone, you can add the children to the title. The deed would pass to your children outside the will.\n\nIf your husband is on the deed with you, you would need your husband\'s permission to transfer your 1/2 share to your children. \n\nYou do not need your husband\'s consent to make a will. However, under NY law you may not disinherit a spouse. The spouse would be entitled to $50,000. Furthermore, if the house is titled in your name and your husband\'s name as \"husband and wife\" or as \"joint tenant\", then the house passes to the husband outside the will.\n\nMike.

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Answered on 7/31/09, 10:41 am


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