Legal Question in Wills and Trusts in New York

Splitting money

Years back a friend of mine--her mom and her bought a house together-basically it was right to survivorship. She has 2 sisters. father deceased 10 yrs. mom since passed. selling house to be split three ways according to mom's wishes. how does it work? No will mom told her verbally what to do.


Asked on 10/19/07, 10:35 am

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Splitting money

Your friend, as the survivor, can sell the house and divide the proceeds of sale into three shares, one share for each sibling.

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Answered on 10/19/07, 10:44 am
Michael Markowitz Michael A. Markowitz, PC

Re: Splitting money

It depends on what the deed says. If the deed lists all three names as joint tenants, upon death ownership goes to the survivors. Sale of the house and transfer of the deed can be done using a death certificate.

Mike.

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Answered on 10/19/07, 11:06 am
Anthony Park Anthony S. Park, PLLC

Re: Splitting money

If the deed is a survivorship deed as you described, then your friend is the sole legal owner of the house at this moment. She can close the sale of the house with a copy of her mother's death certificate.

However, in terms of dividing up the sale proceeds with her sisters, your friend should be aware that there are potential gift/estate tax consequences. She should speak with an attorney or accountant before transferring funds among the sisters.

Feel free to email or call my office for a brief consultation.

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Answered on 10/19/07, 2:41 pm


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