Legal Question in Wills and Trusts in New York

Re: property in my name only, who would recieve it at my death if no will

Practical answer is yes - only the property on which he is named will pass to him. Your Will should be good to pass the other properties to your children as long as you keep his name off the other Deeds. However, your estate may be subject to a claim for "palimony", but the claim should be defendable.

I suggest some sort of pre-marital agreement or other agreement between the 2 of you, stating what your respective rights and waivers are to the other's property. Also, you may want to consider placing your other properties in a trust for your children (make it irrevocable, depending upon the overall value of the properties) which should insulate the property in the trust from his potential claim.

Walter

Re: property in my name only, who would recieve it at my death if no will

To ensure that your wishes are respected you should make a will. The boyfriend is, at best, depending upon the way title is held, entitled to the property on which he holds title. In the absence of a will, the other properties will be distributed, by statute, to your spouse first, then spouse and children, children only etc.

Only a will ensures that your property is given to the people you intend it to go to.

I strongly suggest you consider preparing a will.

Daniel Clement