The deed should grant the property to Joseph P. Fallon and Shawn P. Fallon as Joint Tenants With the Right of Survivorship.
Yes. Joint tenancy with the right of survivorship is an available form of ownership in Nebraska.
That phrase means nothing. It is a jumble of legal terms. A tenancy in common carries no rights of survivorship. A right of survivorship must be established by a joint tenancy or a tenancy by the entirety. Deeds should always be drafted by a professional.
It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.
A conveyance by one of the joint tenants.
No. The tenant must make a will.
Laws vary in different jurisdictions. You need to check the particular laws in yours. Generally, in states that allow tenancy by the entirety for legally married couples one tenant cannot sever the survivorship rights of the other without their written consent on a deed. Otherwise, a divorce will end that type of survivorship tenancy, changing it to a tenancy in common. In general joint tenancies with right of survivorship can be terminated when one tenant conveys their interest to a third party. If they simply wish to change the tenancy they can deed to a "straw" and then have the straw deed the interest back as a tenancy in common.
The tenancy must be stated as "joint tenants with the right of survivorship".
Yes, all 50 states, in some form or another, have joint tenancy with right of survivorship in their property laws.Most property can be owned by a joint tenancy in Mississippi. When one owner dies their interest disappears and the property immediately becomes the sole property of the surviving owner. The tenancy must be specifically created as joint tenants with the right of survivorship.
That depends on how they held tenancy. If they held with the right of survivorship then the surviving spouse would own the property. There would be survivorship rights in a tenancy by the entirety or a joint tenancy with the right of survivorship. If they held as tenants in common others may have an interest in the property if the decedent didn't devise their share to the surviving spouse by will.
Yes. Tenancy by the entirety is recognized in Utah. See related link.
transfer interest in joint tenancy with right to survivor while alive
According to another answer of a similar question, all 50 states, in some form or another, have joint tenancy with right of survivorship in their property laws.