If a property is titled as “Joint tenants with right of survivorship”, can one’s share in the property be transferred via a Will if the bequest is “to X I leave all my property”?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a property is titled as “Joint tenants with right of survivorship”, can one’s share in the property be transferred via a Will if the bequest is “to X I leave all my property”?
Asked on August 31, 2015 under Estate Planning, Tennessee
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Joint tenants with right of survivorship means that the survivor inherits the property. The property cannot be transferred to another by a Will. That provision in the Will is inoperative and should be stricken from the Will. If it is not stricken from the Will, it would be grounds for contesting the Will. It is also possible that a court might interpret the provision, "To X I leave all my property" as including all property other than the property subject to the joint tenancy with right of survivorship.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.