Legal Question in Wills and Trusts in New York

Re: No will who gets what

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It depends upon how the house is titled. You state it was co-owned by your parents. The most common form of ownership by a married couple is as "Tenants by the entirety." In this situation, upon the death of one, the property passes automatically to the survivor.

In addition, your mother is entitled to $50,000 plus one-third of any balance in the estate. Again, please note that the "estate" only consists of property not held in trust for, or jointly with another person.

In order to provide an accurate answer, it is necessary to examine the deed and other documents.

Re: No will who gets what

It depends upon the nature of the title on the deed. What does the deed say? In any case, were the children entitled to anything, the estate would still need to be administered to pass title, even if no will existed.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: No will who gets what

The form of ownership of the house can be determined by reading the deed. It is likely that your mother is now the sole owner.

50% of the remainder of the estate (plus $50000) would go to your mother. The remaining 50% would be shared by the children.

Re: No will who gets what

My condolences on your loss.

Mr. Nager answered your question accurately and articulately.

The deed will tell you the answer. If the deed is 'in entirety' or 'joint', then the house is 100% owned by your mother on his passing. If the deed uses any other language, then the house is included in the estate (and probate) and the surviving wife gets 50% plus 50,000 and the kids get the remainder.

You are welcome to bring the deed to me and I will check it out for no fee. The deed is usually one page and I would need less than 20 minutes to settle the matter for you.

Email is best to set up an appointment.

Re: No will who gets what

I concur. If the house was titled jointly, in some survivorhip fashion; either Joint Tenants with Right of Survivorship or Tenants By the Entirety, your mom gets it all. If the title reads, as Tenants in Common, the children would get part of the house, but subject to Mom's life estate (meaning she can live there for the rest of her life). Other assets, not jointly registered in both names, follow the intestacy statute (what happens if someone dies without a Will). Who gets what depends upon both the registration of assets and size of the estate. Without more information, only a general answer can be given.