Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will
She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY
A: A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml
Michael David Siegel agrees with this answer
A: If they are still legally married, he is entitled to his share as the spouse regardless of whether his name is on the asset or not. However, if his name is on the asset, it may change how and what percentage passes depending on the way title is held.
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