Inheritance Trouble: Joint Tenants with Rights of Survivorship

“Joint Tenants with Rights of Survivorship”

• When married couples acquire title to property, they usually do so as joint tenants with rights of survivorship. 

• This essentially means that if one spouse passes away, the surviving joint owner spouse becomes the sole owner. 

• This same concept applies if there are multiple joint owners with rights of survivorship: if one of them passes away then the others are left with an equal interest in the property.

Why is this Important?

• If property ownership is not properly addressed, then it can lead to unintended inheritance consequences. 

• Under Tenants in Common, each person owns an equal (and more importantly, transferrable) percentage or share of the property rather than jointly. 

• This means that when one tenant dies, instead of their share just going to the other tenant, it could pass on to that person's heirs. 

• In the situation where a spouse dies as a tenant in common, the surviving spouse would not inherit but rather the deceased spouse’s children would be able to inherit. 

• But then imagine this was both of their second marriages, both had children prior to the marriage, and their estate plan actually intended for the surviving spouse’s children to inherit. See the issue? 

• Detailed planning is important, especially in second or subsequent marriages with adult children who may not have close relationships.

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