My father in law gifted an apartment 11yrs ago; wedding. If something happens to my husband. What are my rights.

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The apartment as far as I know was not signed over to us?

Attorney Answers

3
Jack Mevorach ·
What type of apartment is it??????????
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Richard J. ChertockReal Estate AttorneyMelville, NY ·
If he never signed it over to you it is still his apartment. What kind of apartment is it? Coop, condo, rent controlled? The answer to that would determine what would need to be done to transfer the apartment. You would also need to search the title to see how title is held. If title is in your father in law then it technically belongs to him. If title is in your husband then if something were to happen to him and he had no will the apartment would pass to you. If he had a will it would pass in accordance with his will subject to certain marital rights. If you are both in title as husband and wife then if something happened to either of you it would automatically pass to the survivor. You should consult with an attorney and determine who the record title owner is then take the necessary steps to change the title.
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Steven Smollens ·
Dear New York Tenant: Ownership of a cooperative apartment is shown by the name on the share certificate associated with the apartment and the proprietary lease attached to the share certificate. If your names are on the share certificate as a married couple the apartment, the lease and the shares are yours automatically should you allow your husband to do no estate planning. If your names are not on the share certificate and lease, you do not own the apartment, so you may need to re-think what your father-in-law meant by a gift when you married. This may help. Are your names on the monthly maintenance invoice? Do you vote at annual shareholder meetings? Do you participate in shareholder activities? Do you pay rent to your father-in-law?
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