Legal Question in Wills and Trusts in New York

Re: Married and spouse name not on house deed

Mr. Karvay's answer is substantially correct. However, to specifically answer your questions:

Q. If my spouse dies and my name is not on the house deed do I get the house or does it only get disbursed only amongst his children?

A. If the children's name is on the house deed as joint tenants, the house goes to the children. It passes outside the estate.

Q. and what if he has a will can it be probated if i am not in the will.

A. Yes. Probate means that the Surrogate's Court acknowledges that the will is valid. However, as Mr. Karvay writes, a spouse may not be totally eliminated from a will. However, a spouse may waive her right of election through a premarital agreement.

Mike.

Re: Married and spouse name not on house deed

It all depends on whether your spouse dies with or without a will. If your spouse dies without a will, the law says that you get the first $50,000 plus one-half the balance of the estate and the remainder goes to the children. The value of the house would be included in that calculation. If your spouse dies with a will, then that document would dictate how the estate is distributed. Bear in mind that in New York one cannot disinherit a spouse.