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A New Jersey father left his interest in land held as joint tenants with his wife to his children. His surviving spouse contested the will but has died before the hearing. What happens now?
Wiki User
∙ 14y ago
If two people own property as joint owners with the right of survivorship, when one dies sole ownership passes automatically to the Survivor bypassing probate. A joint owner cannot leave his interest in a JTWRS to anyone in his will. The property is not in his estate. Think of it this way: When two people own property as JTWRS they each own the whole property. When a JTWRS dies his interest in the property disappears and the survivor is left as sole owner.
It is highly unlikely for a court to break a JTWRS between a husband and wife and it seems to be irresponsible for any attorney to make that challenge. Unless you can prove the joint tenancy between your father and his wife was for convenience only, the property passed to her upon his death. Unless the court decides otherwise, the sole ownership of the property passed to her heirs-at-law upon her death if she died intestate or to her beneficiaries under her will. Her estate must be probated. You can check the laws of intestacy for your state at the related question link provided below.
If this matter isn't handled correctly, a resolution counter to the law will result in a title defect. Any future sale of the property will trigger a title examination. The exam will reveal the title defect and the matter will need to be resolved at that time before the property can be sold.
Wiki User
∙ 14y ago
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