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.
3 Answers from Attorneys
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.
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.
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.
Related Questions & Answers
-
Will Why is it necessary to have a bond when probating a will? Asked 10/15/07, 1:28 pm in United States New York Probate, Trusts, Wills & Estates