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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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My aunt left her house to my sister and me share and share

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My aunt left her house to my sister and me share and share alike, with a provision for a life estate for my father. If I should pass away before my father would my share go to my heirs? Can my will designate who my share would go to upon his death?
Welcome! Thank you for your question.

You can designate anyone you want to get your 1/2 remainder interest in the property upon your death.

Essentially, your father has a right to the property until his death. You and your sister have what are called remainder interests as tenants in common. Upon the death of your father his life rights automatically terminate and revert to the remainder interest holders. Your 1/2 remainder interest goes through infinity. This means that you can leave this interest to anyone you want in a valid will. If you do not leave a will then your interest will pass to your heirs under New York law.

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