Legal Question in Wills and Trusts in New York
My mother and I own and reside in a 2-family home that we are each sole survivors on. My mother wants to will her half of the property to my 3 siblings. I feel that as there is only one house that we both invested in, I should not have to share any proceeds with my siblings when my mother dies. Who is correct?
1 Answer from Attorneys
She can will her interest anyway she wishes but, unless you own the house as Tenants in common, the house will go to the survivor.
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
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