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Visitor
KevinOB
Posts: 2
Registered: ‎10-11-2010
0

Joint Tenancy question - Can the 50% be challenged?

Hello,

 

I have a question about joint tenancy in New York.  My father owns his house free and clear.  He would like to leave it to me when he passes.  My father is married but the house is in his name alone.  He and his wife live seperate lives but they are still legally married.  There are no plans to divorce.

 

We were thinking about changing title from his name to a joint tenancy with his name and mine on the deed.  This way when he passes the house would be mine alone. 

 

Now for the question...When he passes away can his wife challenge me for his 50% ownership arguing that she should inherit that share?

 

Thank you,

Kevin

 

Platinum Super Contributor
Nanomug
Posts: 10,373
Registered: ‎05-30-2009
0

Re: Joint Tenancy question - Can the 50% be challenged?

I think this is more complicated than an internet forum allows.

 

This is where an attorney specializing in estates/wills is needed.  Getting all the details in order will prevents problems down the road or bad surprises.

Visitor
KevinOB
Posts: 2
Registered: ‎10-11-2010
0

Re: Joint Tenancy question - Can the 50% be challenged?

Hi,

 

Thanks for the response.  It is certainly a complicated situation and question.  I was just hoping that it might be a simple black and white typr of an answer.

 

I am looking for a lawyer to make sure that all paperwork is done right.

 

thank you,

Kevin

 

New Visitor
GodsGift939
Posts: 1
Registered: ‎11-03-2010
0

Re: Joint Tenancy question - Can the 50% be challenged?

This is indeed a more complicated situation than a forum will allow. If you are still in search of an attorney, please reply below and let me know where you are located. 

 

I have recently taken the bar (I'm awaiting my results). However, as a paralegal I worked in Trusts & Estates. I made great connections in Nassau County. I am more than willing to assist another soon to be home owner. :-)

Regular Contributor
realestategirl
Posts: 50
Registered: ‎09-28-2010
0

Re: Joint Tenancy question - Can the 50% be challenged?

That would depend on the conjugal laws in your state. If they get divorced and she decides to go after your dads house, and the state sides with her, then you have a problem. I suggest you consult an attorney that would make a contract between you, your dad and your stepmother that the house is going to you and is not conjugal. You might need to make an agreement with her, but if you are determined to get the house, you need to do this.