Legal Question in Wills and Trusts in New York

Re: Spouse legal right to home.

First off, your son-in-law should have a Will which would protect his wife and child.

If there is no Will then the intestate laws apply. Your daughter would get the firs $50,000 of value and one-half of the excess. The child would get the balance.

This creates all sorts of problems; court controlled guardianship for child, possible shared ownership of the house (mother and child) for starters.

Get a Will!!!!!!

Re: Spouse legal right to home.

The fact that daughter doesn't work, should not prevent her from being named in the Deed. I strongly recommend it unless there some non-banking reason to exclude her. This can be done after the mortgage is obtained. She may have marital residential rights to remain in the home after her spouse dies. This should be confirmed with a NY real estate attorney. More facts may be needed to provide a fuller response.

Re: Spouse legal right to home.

First, contact a real estate attorney because I cannot imagine why your daughter is not on the deed based solely on her employment status. In a case like this, both husband and wife should be on the deed as a "tenancy in the entirety" --- this merely means that New York recognizes the married couple as one entity. If one dies, the house automatically goes to the surviving spouse by an operation of law.

Secondly, your daughter and son-in-law should have a will drawn up immediately (even if they can eventually get both names on the deed). Now that they have a child, they need to determine legal guardianship for the child in case something happens to both of them. I'm sure who will raise their daughter is more dear to them than who gets the house.