As a general rule, yes. You should consult a lawyer though to get a better answer, specific to your facts and the law of your area.
You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.
When property is owned as joint tenants with the right of survivorship the property is NOT part of the estate of the first joint owner to die.
No. If the property was held as joint tenants with the right of survivorship then the decedent's interest automatically passed to his wife upon his death. That is the reason for creating a joint tenancy and she is the owner of the property.
No. Real property owned by two (or more) people as joint tenants passes automatically to the surviving joint tenant upon the death of the other.
Joint tenancy is actually a term involving ownership of property. The two most common legal forms of property ownership involving two or more people are as "joint tenants" or as "tenants in common." Spouses of one another generally take title as joint tenants, because on the death of a joint tenant the surviving joint tenant automatically becomes the owner of the property. If they had been tenants in common, the deceased person's share would have formed part of the deceased person's estate, which might not have been left to the surviving tenant in common.
The way the property is titled determines who takes ownership. If the property is titled as Joint Tenants or Joint Tenants With Right of Survivorship, the surviving person(s) named on the deed receive the entire property and it is not subject to probate distribution. If the property is titled as Tenants-In-Common, it is subject to probate distribution as required under the laws of the state in which the property is located.
No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants.No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants.No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants.No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants.
A resident does not usually owe rent to a non resident in a house owned by "tenants in common" if the resident is one of the tenants. When a house is owned by "tenants in common", all tenants share use of the house or property. If one chooses not to use it, that is his business. (Of course, what is usual may not apply in your local area. There are also ways to end a joint tenancy.)
If the property was held as Joint Tenants or Joint Tenants With Rights of Survivorship then the present owner can sell the house without permission from the probate court. The present owner will need to amend the title before a sale is possible. Contact the assessor or land recorder's office in the county where the property is located to obtain specific information.
Yes. If you own as joint tenants you can convey your interest to your son. He would then own the property as tenants in common with your husband. If you live in a community property state the answer may be different. You should consult with an attorney.
When it is owned as tenants by the entirety or joint tenants with another person.
Your phrase is not a legal term. However, you may be referring to a situation where a property owner desires to transfer her property to herself and another as joint tenants. In Massachusetts the owner now has a statutory right to execute a deed granting the property to herself and another as joint tenants. In many other states a straw must be used. By that method title to the property is conveyed to a third party thereby severing the interest of the owner. Title to the property is immediately conveyed by that third party back to the two who desire to own the property as joint tenants.