Joint Tenancy - Is It Good For You

Author

Jolene L. DeVries, Attorney

Posted on

Jan 12, 2011

Book/Edition

Colorado - Southern Colorado

Share This
Joint tenancy is a method of owning real or personal property in the name of two or more people. The effect of joint tenancy ownership is that the individuals own the property as a whole, which means that when one of the owners die, the property passes to the other owner(s) as their sole property.
One of the positive attributes of joint tenancy ownership then it avoids probate which eliminates the need for court costs and legal fees associated with probate.
Yet, there is a negative side to joint tenancy ownership. For example, if a joint owner has financial difficulties, a creditor can force the sale of the property to pay that debt, or a garnishment or judgment from a creditor can reduce the bank account. Also, all parties must agree on loans against the property or to sell or transfer the property. Owning property in joint tenancy may also have the effect of disinheriting children. Since joint tenancy property passes to the survivor outright, the property (land or bank account) becomes that sole individuals property, even if a Will dictates otherwise. Essentially, the surviving joint owner will not legally need to share in the value of the property. And, of course, another problem involves taxes. Placing property in joint tenancy may cause a gift tax liability or capital gains taxes.
So, should you place property in joint tenancy? It all depends on your goals, your money and your estate planning needs. It is always advisable to seek legal advice when titling property.
Editors Note: This article was submitted by Jolene L. Devries, Elder Law Attorney. For more information she can be reached at 719-275-4424

Other Articles You May Like

Dealing with Deed Spam Mail

Have you recently purchased a home or made any changes to your propertys deed? Have you received an unexpected letter offering a copy of your deed for a fee? If so, youve likely encountered spam mail.Theres a company known as Land Solutions based in California that sends out Recorder of Deed Notices to individuals with newly recorded deeds. These notices claim that you can obtain a copy of your deed for a service fee of $109.00. Since the transfer of a deed is a matter of public record, they can easily access your name, address, and property information. While what theyre doing may not be a scam, we prefer to refer to it as spam. The truth is, the party responsible for transferring the deed, or even your local recorder of deeds, can provide you with a copy for a small fee or sometimes even for free. Theres no need to pay a separate company for this service.At Bellomo & Associates, many of our clients have received this type of letter, and we are delighted that they reached out to us before paying an unnecessary fee for a document we already possess on their behalf.When you receive such correspondence after making any changes, its crucial to research the company that sent it, reach out to the parties you were working with, and carefully read the fine print. In the case of these specific notices, the fine print typically states that it is not a bill but a solicitation, and you are not legally obligated to pay the amount requested.Together, we can minimize the impact of spam by working collectively and staying informed.  

Family Conflicts Over Caregiving

As our parents age, the primary questions adult children face are (1) who is going to provide needed care, and (2) in what setting will mom or dad receive the needed care. Coming to such decisions does not always mean smooth sailing moving forward. Family members often view care issues very differently and conflicts can be further complicated when one of the siblings is the primary caregiver. Our team members find such conflicts to be quite common in their work with our clients and families. The situations are stressful and charged with emotion, worry, and exhaustionthe perfect storm for conflict and family duress.As I reflect on the meetings and consultations I have had with some of these families recently, I suspect that part of the problem is the fact that the aging parents failed to verbalizeearly and oftentheir wishes and desires related to the what if scenarios. Because their folks did not talk openly about their wishes and expectations, the adult children are often forced to guess what Mom and Dad would have wantedanother perfect storm for differences of opinion and sibling conflicts.If you have not already done so, commit to conversing with your adult children about the what ifs. Let them know your wishes and preferences. Consider the effort to be your conflict prevention plan, so that down the road, you and yours wont have to engage in conflict resolution. And be sure to have a formal caregiver agreement drafted if a family member becomes the paid caregiver. It is an important tool for many reasons, including clarifying the financial parameters of the care being provided. Doing so will prevent misunderstandings between those you love most. Open, honest communication is always the key, and we recommend it early and often in these situations.

Paperwork...Paperwork...What Should I Keep?

PaperworkPaperworkWhat Should I keep? Sorting through the paperwork of a deceased loved one is a daunting task. It is important to know what to keep and what to discard. Here are some helpful tips.  Deeds, Titles and Vehicle RegistrationsDeeds and titles to property may not be obvious on the face of the document so it is important to read everything carefully. Keep anything that has a legal description (Lots and Blocks or Metes and Bounds), a vehicle identification number (VIN), contains the word title, deed of trust or warranty deed.  ReceiptsSome property does not have a title such as a tractor, farm equipment or certain recreational equipment. In such cases, keep the purchase receipts for this type of property. It will be useful if there is a question about ownership, the value of the property or the date it was purchased.  Bank RecordsSave all bank records and statements. These will be valuable if a dispute arises about ownership of an account, payments or distributions made from the account and to whom. Shred unused checks.  Retirement AccountsSave all statements and records pertaining to the decedents individual retirement accounts (IRAs), 401(k) plans or pension plans.  Life Insurance PoliciesSave all life insurance policies.  Social Security Paperwork and Earning StatementsSave information about the decedents Social Security account or earning statements.  Cancel the Decedents Credit Card Accounts Nowadays, identity theft is a huge issue. Contact Experian, Equifax and TransUnion to report the death of your loved one. Request the credit report be flagged as Deceased. Being proactive prevents a lot of hassle later on.  Cancel all credit cards in the deceased persons name. Also, there may be questions about the credit card purchase of certain items or property. Save credit card statements until probate of the decedents estate is complete.  Documents that contain the decedents Social Security NumberIf you find any documents with the decedents Social Security Number and you make a determination that the documents are not going to be saved, make sure it all gets shredded.  Tax RecordsKeep the decedents tax records. There may be a question about real property valuation, exemption or other issues that can be resolved by information in a tax return.   Loan PaperworkKeep all loan paperwork including loans on property or a loan the decedent made to a relative, friend, individual or organization. This may show that there is outstanding debt or money owed to the decedents estate.  Business AgreementsSometimes people have business agreements that have been documented in writing. Such agreements may contain a succession plan, what should happen with business equipment or property, or what should happen upon the death of a business partner.  Military RecordsSave all military records just in case there are benefits owed to a survivor such as a spouse, dependent child or disabled child. Some benefits are dependent upon verification of military service during war time which occurred prior to the advent of computer records. This includes photographs taken during wartime.  Birth and Marriage CertificatesSave all birth and marriage certificates. Again, for certain benefits for survivors, such certificates may be needed.  Timeframe for Keeping PaperworkIt is advisable to keep these potentially important documents until the estate of the decedent is settled, at a minimum. Otherwise keep them at least seven years and longer if possible, especially if real estate is involved.  Contact Your AttorneyYour attorney will ask you pertinent questions and give you advice about what records to keep.  You should also review your own estate plan documents to make sure they are up to date and reflect your current wishes.  This article was written by Donna A. Schuyler, Attorney, who practices in the areas of estate planning, elder law, guardianship, and probate. Donna Schuyler Law, PLLC; elderlawboise.com. Phone 208-344-1947

Local Services By This Author

Jolene L. DeVries, Attorney

Elder Law 832 Macon Avenue, Canon City, Colorado, 81212

Jolene L. DeVries, Attorney

Probate 832 Macon Avenue, Canon City, Colorado, 81212