Legal Question in Wills and Trusts in New York

I am in a second marriage. When I married my husband, he owned land in Lake George NY. During our marriage, we built a home. We do not have a joint will and he wants to leave the house to his children, not me. We have been married for 25 years. What would happen if he left in his own personal will that the home would go to his children and not me. The home was built with cash so there is no mortgage except for a $40,000 line of credit using the house as collateral.


Asked on 7/10/12, 7:58 am

1 Answer from Attorneys
Michael Haber Law Offices of Michael S. Haber

One is normally free to bequeath one's assets to whomever he or she wishes -- with the exception that one cannot completely disinherit one's spouse.

With real estate, most married couples hold property as joint tenants with right of survivorship (or as "tenants by the entirety," which is essentially the same).

There are, of course, other approaches you may wish to discuss with your husband. One such approach (which might be a viable compromise in your situation) is for you to have a life estate in the real estate, and that upon your death the property would pass to his children. Or for the property to be owned partly by you and partly by his children.

I would recommend that you and your husband engage in some estate planning. During the course of the discussion with an attorney, issues as to the real estate will arise and can be dealt with.

Good luck to you.

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Answered on 7/10/12, 8:21 am


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