Do You Hold Title In Joint Tenancy?
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This is not often the most advantageous way to hold title to property owned jointly with you and your spouse.
- Title held in Joint Tenancy means that at the death of one of the joint tenants that interest in the property is transferred to the surviving joint tenant, without probate.
- However, it does not avoid probate upon the death of the last owner. Joint Tenancy only postpones probate, it does not avoid probate.
- Joint Tenancy is not controlled by your will. It is transferred by title, not by probate.
- Also, Joint Tenancy property can be passed on to beneficiaries that you never intended. If the surviving Joint Tenant dies without a will, the entire property goes only to the surviving Joint Tenant's heirs.
- Joint Tenancy costs you taxes.
IF YOU HAVE ANY QUESTIONS ON HOW TITLE TO PROPERTY SHOULD BE HELD OR WISH TO DISCUSS PREPARATION OF A WILL OR TRUST, PLEASE GIVE OUR OFFICE A CALL SO THAT WE MAY DISCUSS YOUR PARTICULAR NEEDS IN MORE DETAIL.
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