
When you buy your first home, or even a second, it is typical for
a couple to take ownership as "Joint Tenants with Rights of
Survivorship." This is a common way to hold title, but it may
not be the most appropriate form of ownership for you.
Joint
Tenancy with Rights of Survivorship is a co-ownership of an undivided
interest in a property or an asset. In simpler terms, each owner
has title to 100% ownership, a concept we find hard to understand.
An important component to this type of ownership is that it comes
with a "built-in" Will. In the event of the death of one
of the owners, the ownership automatically vests, or is transferred
to, the Survivor without regard to the decedent’s will or
any trust arrangements. The “Survivorship" language of
this Joint Tenancy
supercedes any other directive that may be in place.
While
this may appear to be simple and an easy transfer of property interest,
it is a problem in estate planning.
Speak
to your attorney and have him explain the alternative use of Tenants-in-Common
for property ownership. This is a different method of Joint Ownership
where title is taken with the husband and wife each owning 50% (versus
100%) of the property. Additionally, Tenants-in-Common gives each
Joint Owner the right to name a beneficiary other than the co-owner
(spouse), or even use the benefits of a Will or Trust.
A Joint
Ownership with Tenants-in-Common can be significantly more efficient
in your estate planning. This type of ownership should also allow
you to take advantage of the current estate tax credits that are
missed with Joint Tenants with Rights of Survivorship.
Take
a moment to discuss this with your attorney; I think it will be
a valuable conversation. -S.S. |