Legal Question in Wills and Trusts in New York

Re: Can I will some portion of jointly owned assets to my children?

I agree with Arnold. In the event of your death, the account registration controls, even if your Will states otherwise. You do not state, but it appears that your daughter is not the child of your husband (I apologize if this is not the case). Thus, unless the joint registration is not broken (a simple change of designation from joint tenants with right of survivorship to tenants in common) would allow you to leave your share of any account (usually 1/2 unless you specify otherwise) to your daughter. This could present complications in the case of the house, as a surviving spouse has lifetime right to reside in the house, even if partially owned by someone else. I suggest you speak with an attorney, like myself, who specializes in these matters, so your situation can be reviewed, suggestions made, and appropriate documents prepared to carry out your intentions. Since you are dealing with joint assets, your husband should be consulted as well, and a mutual plan adopted. Also, as Arnold states, you can always withdraw funds from the joint account and make some provision for your daughter (gifts-outright or create a UGMA account with her, place the assets in a trust-which could both provide for your husband and daughter, or similar plans).

Re: Can I will some portion of jointly owned assets to my children?

Joint property passes to the surviving joint owner at death. It is not affected by a will. You can however, remove some of the cash assets before death and gift them to whomever you wish.