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Tenant By The Entirety

State:
New York
Control #:
NY-S024ST
Format:
Word; 
Rich Text
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Description

This affidavit to establish surviving tenant states that no agreement, judicial decree of separation, annullment or divorce had terminated the tenancy by the entirety. Property held in joint tenancy, tenancy by the entirety, or community property with right of survivorship automatically passes to the survivor when one of the original owners dies. The New York Affidavit to Establish Surviving Tenant by the Entirety is a special form of joint tenancy in which the surviving tenant automatically inherits the deceased tenant’s share of the property. This form of joint tenancy is only available to married couples and provides the surviving spouse with the right to the entire property, without having to go through probate. There are two types of New York Affidavit to Establish Surviving Tenant by the Entirety: voluntary and involuntary. The voluntary affidavit is used when both tenants agree to the arrangement and sign the affidavit. The involuntary affidavit is used when one tenant is deceased and the other tenant wants to secure their rights to the property. Both forms require a notarized signature from the surviving tenant and must be filed with the county clerk. Once filed, the affidavit is legally binding and grants the surviving spouse the sole right to the property.

The New York Affidavit to Establish Surviving Tenant by the Entirety is a special form of joint tenancy in which the surviving tenant automatically inherits the deceased tenant’s share of the property. This form of joint tenancy is only available to married couples and provides the surviving spouse with the right to the entire property, without having to go through probate. There are two types of New York Affidavit to Establish Surviving Tenant by the Entirety: voluntary and involuntary. The voluntary affidavit is used when both tenants agree to the arrangement and sign the affidavit. The involuntary affidavit is used when one tenant is deceased and the other tenant wants to secure their rights to the property. Both forms require a notarized signature from the surviving tenant and must be filed with the county clerk. Once filed, the affidavit is legally binding and grants the surviving spouse the sole right to the property.

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Tenant By The Entirety