QUESTION

Does my mother in laws will over ride the deed regarding ownership of her house?

Asked on Jul 19th, 2021 on Wills and Probate - New York
More details to this question:
My mother in law owns a house. The deed to the house is in her name, my late father in laws name, and my brother in laws name. Her will states that she wants her property to be divided equally between my husband and his brother. Does the deed play a role in how this will pan out.
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1 ANSWER

Estate Administration Attorney serving New York, NY at Damien Bosco, P.C.
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Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. Whether or not the terms of the Will override the deed depends on what is said on the deed.  Multiple owners can own property in various ways. For example, a married couple can own property as a tenancy by the entirety, meaning that when one of them dies, the other inherits their share of the property without the need for an estate proceeding. The same could be true for owners as joint tenants with rights of survivorship: the survivor(s) would inherit the share of the property from the person who predeceased them. If a deed does not say or indicate joint tenancy, then the property could be presumed to be held as tenants in common wherein when one of the owners dies, their share passes through an estate proceeding and if there is a will through the terms of the will. If you need any assistance, a New York Trusts & Estates Attorney could help you.  
Answered on Jul 20th, 2021 at 5:41 AM

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