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J

joekelly

Guest
My sister and I owned a home together. Both names are listed on the title and on the mortgage. My sister had no children and never married, but had several siblings. Our parents are deceased. We live in the state of new york and my sister died suddenly leaving no will. We both lived in the house and i was wondering if I am listed on the title will the house automatically become mine in her death or does it have to be sold and split between the other siblings by law?
 


D

depeche

Guest
It depends. You will automatically get the entire property only if the property is held in "Joint Tenancy with Rights of Survivorship." On the other hand, if the property is held as "tenants in common," then it will pass according to her wishes, and thus if she has no will, according to state intestacy laws, which according to your info, means split equally b/w the siblings. Generally, most states require a CLEAR EXPRESSION of the intent to convey a right of survivorship (check the title carefully!); otherwise it is presumed to be a tenancy in common. In addition to a clear expression, joint tenancy requires (i) identical interests; (ii) from the same instrument; (iii) at the same time; and (iv) with an equal right to possess.
 
D

depeche

Guest
T continue the discussion...assuming tenants in common, you keep your half, and the other half (the title to it) will pass equally to the remaining siblings (including you).For example, if your sister has 5 siblings (including you), you wwould end up with an undivided 60% interest, and each other would have an undivided 10% interest. If the other siblings cannot agree on use of the property, anyone can file a partition suit, if possible for this land. If not, you can attempt to buy their interests. If this fails, then yes, a sale may be required. Good luck and check the title/deed carefully.
 

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