Can a Right of Survivorship Be Challenged in New York?

Property ownership can take several legal forms, and one of the most common arrangements between co-owners is joint ownership with a right of survivorship. This structure allows property to pass automatically to the surviving owner when one owner dies, often avoiding probate.

While this arrangement may seem straightforward, disputes can arise when other family members or interested parties believe the ownership arrangement does not reflect the true intentions of the deceased owner. In some circumstances, the right of survivorship may be challenged in court.

Understanding how survivorship rights work and the situations in which they may be questioned is important when planning how assets will be transferred after death.

What Is the Right of Survivorship?

The right of survivorship is a legal feature of certain forms of joint property ownership. When property is held with this right, the surviving owner automatically inherits the deceased owner’s share of the property upon death.

This transfer occurs by operation of law, meaning the asset typically does not pass through the probate process.

For example, if two individuals jointly own a property with a right of survivorship and one owner dies, the surviving owner becomes the sole owner of the property. This transfer usually occurs regardless of what the deceased owner’s will may say.

Because of this automatic transfer, survivorship rights can significantly affect how assets are distributed after death.

Which Forms of Ownership Include a Right of Survivorship?

Not all forms of co-ownership include survivorship rights. The right of survivorship typically exists in specific types of ownership arrangements.

One common example is joint tenancy with right of survivorship, where two or more individuals own equal shares of property and the surviving owner automatically inherits the deceased owner’s interest.

Another arrangement is tenancy by the entirety, which is generally available only to married couples and includes survivorship rights as well.

By contrast, tenancy in common does not include survivorship rights. In that arrangement, each owner’s share passes through their estate and can be distributed according to their will or intestacy laws.

The form of ownership listed on a deed, account agreement, or title document determines whether survivorship rights apply.

Risks of Adding a Joint Owner Solely for Convenience

Some individuals add a family member or trusted person as a joint owner on property or financial accounts for convenience. This may be done to help with paying bills, managing finances, or handling other practical matters.

However, adding someone as a joint owner with a right of survivorship may unintentionally transfer ownership of the asset to that person when the original owner dies.

Even if the intention was only to allow the person to assist with financial management, the legal effect of the ownership arrangement may result in the surviving joint owner becoming the sole owner of the asset.

This situation can create disputes if other family members believe the arrangement did not reflect the true intent of the deceased.

How Joint Tenancy With Right of Survivorship Impacts Bank Accounts

Joint bank accounts frequently include survivorship rights. When one account holder dies, the surviving account holder typically becomes the sole owner of the account funds.

Financial institutions generally transfer ownership to the surviving account holder based on the account agreement. As a result, the funds usually do not become part of the deceased person’s probate estate.

However, disputes may arise if family members believe that the joint account was established for convenience rather than as a gift of ownership.

Courts may examine the circumstances surrounding the creation of the account, including the intentions of the account holder and how the account was used.

Why Proper Asset Titling Is Essential

The way assets are titled can have a significant impact on how property is transferred after death. Joint ownership with a right of survivorship can bypass probate, but it may also override the instructions contained in a will.

Because of this, asset titling should be coordinated carefully with an individual’s broader estate plan.

Improper or unintended titling can lead to conflicts among heirs, unexpected transfers of property, or legal challenges that delay the settlement of an estate.

Working with an estate planning attorney can help ensure that property ownership structures align with the individual’s goals and intentions.

Schedule a Consultation

Questions about joint ownership and survivorship rights often arise during estate planning and probate administration. Understanding how these ownership arrangements work can help prevent disputes and ensure that assets are distributed as intended.

Estate planning attorneys assist clients with reviewing property titles, structuring ownership arrangements, and creating estate plans that reflect their wishes under New York law.

Legal guidance can help avoid costly mistakes and provide clarity about how assets will pass to future generations.

Contact MontanaroLaw P.C. today to schedule a consultation and discuss how survivorship rights and asset ownership may affect your estate plan.