Title in JTWROS

[steffb503]

What is the name of your state (only U.S. law)? New York.
My husband has property In JTWROS with his sister. If he dies does the sister get the whole property or will it be in my name with her in JTWROS?

 

[anteater]

His sister will own the property solely. It transfers to her upon your husband's death by operation of law. That is what the "WROS" part means - with right of survivorship.

 

[HomeGuru]

OP, is that the tenancy that your husband wants?

 

[anteater]

I think where HomeGuru is going with that question is... If your husband wishes, he can sever the joint tenancy, converting it into a tenancy in common. He can then dispose of his ownership share of the property as he desires in his testamentary documents. Of course, if this is property that came from his family, the sister may not be too happy about it. But she can't prevent a severance.

§ 240-c.
1. In addition to any other means by which a joint tenancy with right of survivorship may be severed, a joint tenant may unilaterally sever a joint tenancy in real property without consent of any non-severing joint tenant or tenants by:

(a) Execution and delivery of a deed that conveys legal title to the severing joint tenant's interest to a third person, whether or not pursuant to an agreement requiring the third person to reconvey legal title to the severing joint tenant; or

(b) Execution of a written instrument that evidences the intent to sever the joint tenancy, including a deed that names the severing tenant as the direct grantee of the severing tenant's interest.

2. No severance of a joint tenancy pursuant to subdivision one of this section shall terminate the right of survivorship of any non-severing joint tenant or tenants as to the severing tenant's interest unless the deed or written instrument effecting the severance is recorded, prior to the death of the severing tenant, in the county where the real property is located.

3. Nothing in this section shall limit the manner or effect of:

(a) A severance of a joint tenancy pursuant to a written instrument executed by all joint tenants, or pursuant to a written agreement of all joint tenants.

(b) A severance of a joint tenancy effected by a deed from a joint tenant to another joint tenant.

(c) A severance ordered by a court of competent jurisdiction.

 

[steffb503]

Thank You
Can the property be in three names so that when he dies His sister and I are joint tenants?

 

[Mass_Shyster]

If your husband destroys the joint tenancy, when she dies her half of the property would go to her estate/heirs.

 

[HomeGuru]

Yes, the property can be titled in 3 names. But be careful. Have a real estate attorney explain the possible outcomes to you.