Q: Does death of a joint tenant (tenancy by entirety) void a third party lease contract?
My wife and me bought a house together where her mom was renting a unit from both of us. She stopped paying two months before my wife's death, and now claims that she signed a (secret) lease with my wife. According to a piece of legal advice such a lease is void upon death. Is that correct for NY state?
A: A lease must be written. A valid lease survives death. If you are co-owners and only your wife signed, the lease is not valid as both owners must sign.
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