Legal Question in Wills and Trusts in New York

If your mother-in-law leaves her share of the house to the son, the he would inherit a 50% share. If she left him half of her share, the he would inherit a 25% share.

and you stay on the mortgage.

If the deed reads, "...as Tenants in Common, your mother in law can will her half to her son. If the deed reads, "...as joint tenants" then at her death, your wife inherits her mother's share no matter what the will says. In any event, you are on the mortgage.

I agree with Arnold, not having seen the Deed involved. Depending upon the language used in the current Deed (tenants in common or joint tenants with rights of survivorship (JTWOS) the effect of a Will could differ. A Will does not act on a registration of JTROS, regardless of language used in the Will. So, if the Deed reads as such, noone can inherit any interest in the property unless and until a new Deed is done, with a correct registration to accomplish what everyone involved desires.. I am more concerned about you being on the morttgage, but not on the Deed. Do you understand that if the current Deed reads mon and daughter, JTROS, and your wife predeceases her mother, that (A) mom would own the entire house and then can leave it to anyone she wishes and (B) you are still responsible to pay the mortgage. Thus, the house could be owned 100% by your brother-in-law and you, who have no ownership interest, would be responsible for the mortgage. I suggest that mom, wife and you see an attorney and get this corrected to be sure that whatever happens and in whatever order people pass away, the proper ownership and mortgage responsibility are in effect. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.