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KJL LAW
KJL LAW, Lawyer
Category: Estate Law
Satisfied Customers: 752
Experience:  Attorney at law Office of KJLLAW
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Is a Tenants in Common property a non-probate asset and, if

Customer Question

Is a Tenants in Common property a non-probate asset and, if so, how does it pass to beneficiaries "as an operation of law"? Exactly what should the beneficiaries do first (there are eight of us)?
Submitted: 3 months ago.
Category: Estate Law
Expert:  KJL LAW replied 3 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

In New York State a tenancy in common is not a type of property ownership that can typically avoid probate, and is an assets that must be probated. Unlike joint tenancies, this type of deed does not carry rights of survivorship. The deceased person’s share of the property will go to the beneficiaries named in their last will. If the person had no will, then their portion of the tenant in common property would pass to the beneficiaries’ heirs-at-law: These are individuals who stand to inherit from a decedent in the absence of a will. If there was no will then one of the heirs must file an administration of the estate of the deceased with the Surrogated Court where the person resided.

After a petition is filed, the court will order that a new deed be drafted reflecting the new ownership between the 8 of you.

I hope this helps.

Expert:  KJL LAW replied 3 months ago.

Please rate the question for credit and tracking. If you do not rate the question I will not get paid for assisting you with your question. You will not be charged extra to rate the question and you can ask follow up questions.

Expert:  KJL LAW replied 3 months ago.
Please rate the question for credit and tracking. If you do not rate the question I will not get paid for assisting you with your question. You will not be charged extra to rate the question and you can ask follow up questions.
Expert:  KJL LAW replied 3 months ago.

Please rate the question for credit and tracking. If you do not rate the question I will not get paid for assisting you with your question. You will not be charged extra to rate the question and you can ask follow up questions.

Expert:  KJL LAW replied 3 months ago.

Please rate the question for credit and tracking. If you do not rate the question I will not get paid for assisting you with your question. You will not be charged extra to rate the question and you can ask follow up questions.

Expert:  KJL LAW replied 2 months ago.

Please rate the question for credit and tracking. If you do not rate the question I will not get paid for assisting you with your question. You will not be charged extra to rate the question and you can ask follow up questions.

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