Legal Question in Wills and Trusts in New York
A woman marries a widower and they buy a home together. There is no mortgage and both their names are on the deed to the property. However, the husband never updated his will after the marriage and the will states everything is left to another person. What happens to the property if the husband passes away.....is the home legally left to his current wife or is it left to the person stated in his will?
Thank you very much!
1 Answer from Attorneys
That depends upon how title to the property is held. For example, if the deed reads "John Smith and Mary Smith as husband and wife," then they owned the house as tenants by the entirety and it passes automatically to the surviving spouse. So we need to know exactly how ownership is stated in the deed. Further, in New York you cannot disinherit your spouse. Even if she is left out of the will, she is entitled to a share by virtue of her right of election.
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