Legal Question in Wills and Trusts in New York
My mother in law left me her house. It was half in her husbands name. Do I get half?
Asked on 10/31/11, 2:25 pm
3 Answers from Attorneys
David Slater
David P. Slater, Esq.
If he predeceased, you may get the entire house.
Answered on 10/31/11, 2:30 pm
Arnold Nager
Arnold H. Nager, Esquire
If he is still alive, and they are listed on the deed as "Tenants by the Entirety" or as "Joint Tenants", you get nothing. If they are listed as "Tenants in Common" (unlikely), you get half.
The rest of Attorney Slater's answer completes the answer to your question.
Answered on 10/31/11, 3:17 pm
Walter LeVine
Walter D. LeVine, Esq.
I agree with Arnold that it depends on how original Deed describes the ownership between her and her husband, as well as the status of husband - alive or deceased, and if deceased did he die before or after his wife. No one can provide an accurate response as all facts are not presented.
Answered on 11/01/11, 9:15 am
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