Buffalo, NY asked in Estate Planning and Real Estate Law for New York

Q: My husband and I just got a copy of our house deed. We live in Buffalo New York area. Our deed states “tenants in common

With rights of survivorship.” We we’re not married when we bought the house but have since married. Should we change the deed to “husband and wife joint tenants with right of survivorship “ to avoid probate in the future. If one of us dies and the other wants to sell the house Or leave the deed as is ?

1 Lawyer Answer
Jason D. Jones
Jason D. Jones
  • Estate Planning Lawyer
  • New York , NY
  • Licensed in New York

A: You must transfer the deed from tenants in common to joint tenants with rights of survivorship or tenants by the entirety to avoid probate. Feel free to contact me with me if you have further questions.

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