Q: NYC-- who inherits the house?
Background: House located in NYC/Kings County
Characters: Mother (deceased), father, self, brother, half-brother
Backstory: House purchased in 1974, In fathers name only. he is breadwinner, mother is homemaker. Mortgage paid off 1987. In 1988, father add mothers name to deed. in 1991, they seperate; however, they do NOT divorce. They remain married. Father gets another place two miles away. Father pays utilities on her house and gives her essentially a stipend. this arrangement continues to the present day (2024). Mother passes a few weeks back. Mother explicity makes NO provision for father in will; divides estate among her three sons.
QUESTION: Who inherits the house? The father believes he is entitled to house. Half brother (from mothers first marraige) is concerned because he will essentially be shut out (i.e., my father will never make any provisions for him.Form used was NYBTU Form 8003 "Warranty Deed with Full Covenants"
A: The father likely inherits as the surviving spouse but the language in the deed will govern it.
Jack Mevorach agrees with this answer
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