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Q: When a check payable to joint tenant with right of survivorship who can cash it?
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Is Joint Tenant the same as right of survivorship?

Yes, joint tenancy and right of survivorship are closely related concepts. Joint tenancy refers to multiple owners holding equal shares of a property with a right of survivorship, meaning that when one owner passes away, their share automatically transfers to the surviving owner(s).


Can you specify in a will that property held as joint tenant with right of survivorship is bequeathed to a beneficiary in Vermont?

The answer is no. Property owned with another person as joint tenants with the right of survivorship passes automatically to the co-owner when you die. You cannot bequeath your interest in that property in your will. It does not become part of your estate.


Does widowed spouse inherit as right of survivorship or joint tenant in VA?

If she and her husband were both on the deed, it will be survivorship. If not, she will have a claim on the property.


If you are a joint tenant with right to survivorship can a creditor come after your joint asset?

No. When a joint tenant dies their interest in the property dissolves and the surviving joint tenant owns the property. You should discuss the issue with an attorney who is familiar with the law in your state.


Can a trust own an interest in Florida real property as a joint tenant with a right of survivorship?

No.


Does joint tenancy supercede a will?

Yes. Property that is owned as joint tenants with the right of survivorship passes automatically to the surviving joint tenant bypassing probate. A co-owner's interest cannot be gifted by a will.Yes. Property that is owned as joint tenants with the right of survivorship passes automatically to the surviving joint tenant bypassing probate. A co-owner's interest cannot be gifted by a will.Yes. Property that is owned as joint tenants with the right of survivorship passes automatically to the surviving joint tenant bypassing probate. A co-owner's interest cannot be gifted by a will.Yes. Property that is owned as joint tenants with the right of survivorship passes automatically to the surviving joint tenant bypassing probate. A co-owner's interest cannot be gifted by a will.


Can you specify in a will that property held as joint tenant with right of survivorship is bequeathed to a beneficiary in the Commonwealth of Virginia?

Absolutely not. Property held as joint tenants passes automatically to the surviving joint tenant. The decedent's interest in the property disappears at the moment of death so there is nothing that can pass to their estate. That is the purpose of "survivorship" in a joint tenancy.


Should the last joint tenant survivor will his share of his estate to anyone he chooses?

Yes. Generally, in a joint tenancy with the right of survivorship, the surviving joint tenant owns the property and can leave it to her heir(s) by her will.


Can you bequeath property you own in a joint tenancy to your heir in a will?

If you own property as a joint tenant with the right of survivorship, you cannot leave your share of that property to your heirs. It will pass automatically to the surviving joint tenant by operation of law.


A couple who owned property as joint tenants got married and then divorced. Can one convey their share of the property to anyone else?

Yes. A joint tenant can convey their interest in real property and thus break the survivorship rights of the co-tenant. A tenant-by-the-entirety cannot defeat the survivorship rights of the co-tenant. In most jurisdictions, a divorce would automatically convert a T by E to a tenancy in common.


Can an attorney in fact under a Power of Attorney manage assets that are jointly owned?

Yes. However, the other joint tenant should monitor them closely to make certain they are only acting at the request of the principal if they make changes to the survivorship aspect of the ownership.Yes. However, the other joint tenant should monitor them closely to make certain they are only acting at the request of the principal if they make changes to the survivorship aspect of the ownership.Yes. However, the other joint tenant should monitor them closely to make certain they are only acting at the request of the principal if they make changes to the survivorship aspect of the ownership.Yes. However, the other joint tenant should monitor them closely to make certain they are only acting at the request of the principal if they make changes to the survivorship aspect of the ownership.


If you are a joint tenant with right to survivorship can the IRS come after your joint asset?

Yes. While both tenants are living the interest of either is vulnerable to their respective creditors.