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New York State real property and inheritance laws


JoeFerguson

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Three people have their name on the title of a house:

 

1. A mother

2. The son

3. The daughter

 

 

The mother dies. What happens to the title, is it owned by

 

(A) The estate of the mother, the son, and the daughter

 

or

 

(B) The son and the daughter

 

 

 

I do not know if the three way joint ownership was originally classified as one with "right to survivorship" or otherwise.

 

What I can say is that the online property parcel listing and the Property Tax bill both only list two owners (son and daughter).

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I do not know if the three way joint ownership was originally classified as one with "right to survivorship" or otherwise.

 

Not knowing that information and asking who owns the house is like not knowing who is playing in the Super Bowl and asking how many TDs Peyton Manning threw

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Three people have their name on the title of a house:

 

1. A mother

2. The son

3. The daughter

 

 

The mother dies. What happens to the title, is it owned by

 

(A) The estate of the mother, the son, and the daughter

 

or

 

(B) The son and the daughter

 

 

 

I do not know if the three way joint ownership was originally classified as one with "right to survivorship" or otherwise.

 

What I can say is that the online property parcel listing and the Property Tax bill both only list two owners (son and daughter).

 

If title was held as joint tenants (or if the mother was a Life Tenant), then (B). If not, then (A).

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If joint tenants in common mom's third goes to her estate and possible probate. If it's rights of survivorship mom's third goes to the kids as mentioned above. But it's more complicated than that. When mom put the kids on the home it was, in essence a gift subject to gift tax or a reduction of mom's exlusion at her death. But the real kicker is that when mom put them on the title the value (divided by three) is the cost basis for each kid. So at mom's death they don't get a full step up and could face cap gains if they sell at her death. That is why real estate needs to be held in trust. Avoids probate and the kids get a full step up in cost basis at the death of the last parent.

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If joint tenants in common mom's third goes to her estate and possible probate. If it's rights of survivorship mom's third goes to the kids as mentioned above. But it's more complicated than that. When mom put the kids on the home it was, in essence a gift subject to gift tax or a reduction of mom's exlusion at her death. But the real kicker is that when mom put them on the title the value (divided by three) is the cost basis for each kid. So at mom's death they don't get a full step up and could face cap gains if they sell at her death. That is why real estate needs to be held in trust. Avoids probate and the kids get a full step up in cost basis at the death of the last parent.

 

 

I should have clarified how son and daughter are on the title.

 

Original title holders are: Mom and Dad.

Mom and Dad divorce: Dad gives his 1/2 interest in property to son and daughter. Does this mean son and daughter only own 25% each of interest in property?

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I should have clarified how son and daughter are on the title.

 

Original title holders are: Mom and Dad.

Mom and Dad divorce: Dad gives his 1/2 interest in property to son and daughter. Does this mean son and daughter only own 25% each of interest in property?

 

Yes

 

Does the Will state who gets her share of the house?

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Based on your clarification, my bet was that the mother and father held the house as tenants by entirety (basically joint tenants for married folks). Then they partitioned it at the divorce, so that the two children and the mother would hold as tenants in common (without rights of survivorship), the mother holding 1/2, and the children holding 1/4 each. Therefore, the mother's 1/2 share goes through probate either through a will or through the law of intestacy (we would have to know more about who her relatives were to figure that one out).

 

But it's hard to be sure without seeing all the relevant papers. And blah, blah, talk to a lawyer.

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