QueryCAT Logo
Search 5,000,000+ questions and answers.

Frequently Asked Questions

What is Joint Tenancy?

FAQ
This means that the parties own the property together, and at death the entire interest of the decedent automatically passes to the surviving joint tenant. If the decedent leaves a will conveying his interest to someone else, the will is ineffective. Joint tenancy property automatically passes to the survivor regardless of what the will says.

What is Joint-Tenancy and Tenancy-in-Common?

Fareast Plaza FAQs for Buyers
Joint-Tenancy give ownership to the surviving partner and is most commonly used for husband and wife relationship. Tenancy-in-Common give only the portion of share to the estate of the partner.

What are the advantages and disadvantages of Joint Tenancy?

Frequently Asked Questions | Estate Planning Attorney
Joint tenancy is a convenient form of ownership. It is a form of ownership that has been encouraged in the marketplace by financial institutions and, to some extent, by professional advisors. Joint tenancy, it is estimated, is utilized in ninety-five percent of married couples' estate plans. Because of the survivorship feature of joint tenancy, it is thought to create an estate plan instantly. Joint tenancy requires no will, trust or other estate planning device.

What if I create a joint tenancy with my child?

Virginia Estate Planning - FAQs
This is simply not a good way to plan an estate. One problem with putting your child's name on the title to your property as a joint tenant is that while it will avoid probate, creditors of the child will be able to reach the joint tenancy property. It may also create a taxable gift when none is expected, and may not be consistent with your ultimately desired distribution. Adding someone else's name to your account may also not be consistent with your ultimately desired distribution.

Should I put my house in joint tenancy with my children?

Woodland Hills Elder Law Attorney Alice A. Salvo | Californi...
Usually, it is not a good idea to put your house in joint tenancy with your children. First, if your child is sued, his/her creditor can collect any judgment the creditor has against your child from the equity in your house. Second, if your child wants to sell the house when you pass away, your child may have to pay unnecessary capital gains taxes if you gift your house to your child while you are alive.

How are taxes handled in a joint tenancy account?

Account Servicing FAQs
Every application requires inclusion of a tax identification number. The individual or business whose number is listed on the application is responsible for any tax liabilities generated from that account from dividends and redemptions. If one of the joint tenants dies, all income from the account goes to the surviving tenants and not to the estate of the deceased tenant.

Is joint tenancy a substitute for Estate Planning?

Virginia Estate Planning - FAQs
When property is held in joint tenancy with rights of survivorship by two or more people, upon the death of one of the owners, all of his or her interest in the property is transferred immediately to the surviving owner. Joint tenancy is not a substitute for estate planning; on the contrary, it is one type of estate planning; however, is not a good way to plan an estate. For married couples, joint ownership does not help to transfer the estate upon the death of the second spouse.

Land Titles: What is the difference between Joint Tenancy and Tenants-in-Common?

The National Land Agency of Jamaica - FAQ's
Where two or more persons hold an estate or interest in land they are required to state the tenancy in which they hold the estate or interest, that is, either as joint tenants or tenants-in-common. Joint tenants have a right of survivorship. This means that if A and B own land as joint tenants and if either A or B dies then the interest of the deceased joint tenant automatically passes to the survivor.

Is joint tenancy ownership the best way for a couple to hold title?

Law Offices of Caren R. Nielsen
Joint tenancy is not the best way to hold title. Adverse death taxes and income taxes result unless (i) the couple's net worth is less than $1,500,000.00 and there is no likelihood it will ever exceed that amount; and (ii) none of the assets owned by the couple have materially increased in value since its' purchase; that is, joint tenancy ownership is the worst possible way of taking title if tax planning is a material element of the estate plan.

Can I avoid probate by using joint tenancy with right of survivorship?

miEstatePlan.com | Frequently Asked Questions
Many people have become aware of the problems associated with probate and assume they can totally avoid probate by retitling all their assets to read "joint tenancy with right of survivorship" (JTWROS). This can create many unintended and negative consequences. JTWROS is a form of ownership in which two or more people own 100 percent of the same asset. The right of survivorship feature of joint tenancy means that the last joint tenant to die owns the entire asset.

How do I transfer shares held in joint tenancy when one of the tenants has died?

Black Hills Corporation - Investor Relations
If the shares are to be transferred to the surviving joint tenant alone, the following should be submitted: Issuance instructions including name(s), address and taxpayer identification number of the new holder. If the shares are to be transferred to someone other than or in addition to the surviving joint tenant, the following are needed: The stock certificate(s) endorsed by the surviving joint tenant(s) with signature(s) medallion guaranteed by an eligible guarantor institution.

How do I take over the tenancy?

East Devon Council - Housing FAQs
You can succeed to the tenancy if you are living in the property as your only or principal home at the time of the tenant’s death, and you are another member of the tenant’s family and have lived with the tenant throughout the period  of 12 months ending with the tenant’s death, If more than one person is eligible to succeed to the tenancy, we will give preference to the tenant’s partner. Only one succession is allowed by the Housing Act 1985.

Can a married couple use joint tenancy until one spouse dies, then set up a trust for the survivor?

Virginia Estate Planning - FAQs
Yes, but this unfortunately has several problems associated with it. There is no guarantee that the surviving spouse will have time to set up a trust after the first spouse dies or will actually get around to setting up a trust, regardless of the amount of time available. This method also loses any Applicable Exclusion Amount tax advantage, because, like an outright gift, joint tenancy lumps all the assets in one spouse's estate.

What is a Joint?

Marijuana-Marihuana | Mr. Greens Grow Video | Growing Tips |...
A Joint is a cigarette with chopped weed inside. The smaller end of the joint is called roach or tip, which is made of a piece of cardboard. You can roll a joint just like people roll cigarettes, but a joint is normally a bit bigger, and rolled with king size rolling paper. Some people use rolling devices like the Rollmate or the Futurola.

What is a Tenancy Agreement?

finalmenu.jpg
It is a legally binding document outlining an agreement, between you and the Landlord in respect of the property. It sets out the amount payable as rent, the length of the Tenancy, any break in the Tenancy that has been agreed between both parties and your rights and responsibilities. It will probably be an "Assured" or an "Assured Shorthold" Tenancy under the provisions of the 1988 Housing Act.

How do I renew my Tenancy?

finalmenu.jpg
One month prior to the end of your Tenancy. Contact may be made with you to enquire as to whether you want to renew your Agreement or to confirm the time and date that you will be vacating. If you do renew, the rent will usually increase in line with the R.P.I. (retail price index).

How do I terminate my tenancy?

East Devon Council - Housing FAQs
Your tenancy agreement tells you what to do. You should write to us and give 4 weeks notice. Your weekly tenancy runs from Monday to Sunday. You should return the keys to us by no later than 12noon on the Monday at the end of the four weeks notice period. Please write to: Or phone the Housing Needs team on 01395 517469 or e-mail housingneeds@eastdevon.gov.uk for more information.

What is Survivorship Tenancy?

Probate Court of Cuyahoga County, Ohio - FAQs
Real estate may be owned by two or more persons in survivorship form so that upon the death of any one of them the title of the deceased person would pass to the survivor or survivors. Title may be transferred without court proceedings by filing an affidavit and death certificate with the County Auditor and Recorder.
More Questions >>

© Copyright 2007-2012 QueryCAT
About • Webmasters • Contact