I just watched this, I’m in Vermont and bought property from a friend of over 30 years in 2019, I’m now 70 years old, I was 65 when i bought this property, 1) Mistake one, I didn’t involve my attorney, my friend and I transacted the purchase w/o one, 2) I paid him in cash, $31,000, this was to be my summer retreat then I’d travel in my RV in the winter season. So you see I made 2 big mistakes, I trusted a friend and I trusted a friend. We’ve been in the courts for years trying to resolve this, he just refuses to sign over the deed, plus my attorneys just retired and moved to Europe. So I spent $31 K to my friend and another $30=K in legal to date, we’re not to old to learn a valuable lesson, never trust a friend w a contract, and have an attorney involved, great video. Hopefully I resolve this so my children don’t have to. Great video

My life partner and I bought a house 14 years ago and I insisted we put joint tenants with rights of survivorship. He unexpectedly died in 2020. All I had to do was fill out a form at the county and the Deed was put solely in my name, easy peasy! Otherwise it would have been a nightmare!

My mother was an Escrow Officer her entire working life even owning her own escrow company for over 20 years. She never let any couple not include "In Joint Tenancy" in any deed she drew up unless there was a specific reason they had for not wanting it. But she would always tell them they were not protected in right of survivorship if they didn't word it that way. Yes they really are the two most important words on a deed.

Excellent job. "If I die my wife just gets the house probate free, we don't have to go to court for that" because clearly WE won't both be here!

When my husband and I bought our house, at the closing the attorney never nentioned anything about joint tenants with right of survivorship. I found out it wasn't filed like that when I went to probate after he passed away. Because of that, I must wait a year before it is solely mine to sell or whatever. Even though he left everything to me in his will. It would have been nice if we had been made aware of this in the beginning.

We went to a lawyer an expensive one. She had us as tenants in common and any one else with a claim. I had her remove that last bit. This shows that just because you pay big money for a professional they dont always work in your best interest or know what they are doing. Called billable hours.

joint tenants with rights of survivorship

In Florida we can draft an Enhanced Life Estate Deed aka a Lady Bird Deed. This passes your house upon death to the listed beneficiary without probate.

You explained the terms "Joint-Tenancy" vs "Tenants in Common" so CLEARLY. I've read a few definitions of these terms and this is the first time it made sense to me. I wish you would write a real estate book. The 2 I've read are hideous in their explanations. Every page left me thinking, "What did that mean?"

Thank u it's great advice. My mother never had a will drawn out so I got kicked out prior.its almost like my sister planned it this way. I didn't want to stand in their way either but it did shake me up.going back for even Christmas is tough..it's unfair that I've always been treated kind of like a servant.

Joint tenants- Good to know.

thank you that was good information and we didn,t have to sit through a long winded ad from some other advertiser to finally get a small crumb of useless information we already knew , from ( other YT "law " channels).I liked and subbed,

Thanks for this info. Just a hint from someone who knows. If your parents are divorced, or if one is dead, the second spouse (or side piece) can easily end up with everything that your parent thought would come to you. Right to survivorship on bank accounts and property means if Your Parent dies before the side piece, the side piece gets everything. If your dad thinks the stepmother will give you your dad's stuff, he's probably a fool. (I got a radio, a tee shirt from MY college, and a novelty gift I had given my dad.) Make sure your stuff is going where you want it to go !

Great video! Thank you for sharing this valuable information. 🙏🏾

It should be made clear that the vesting language on a Deed depends on the state. In Virginia, married couples hold title as "tenants by the entirety" with the full common law right of survivorship. Not "joint tenants.". Improper vesting on a Deed an have drastic unanticipated consequences.

Now tell us how we get rid of property taxes

GOOD Advise Thank you Very Much

Good to know. I bet a lot of people found this out the hard way.

What if the parent says the house goes to the child, and puts their name on the deed?

Short and sweet explanation. Love it. JTWROS is usually how I see it.

Gratitudes !

Thanks for sharing.

Good information, thank you!

Thank you, good information to know!

Thanks I never knew this great information!

Thank you for this..Thank you...

words of art

Thank you.

Thanks very much.

But I don’t have a house not even a flat not even a room that belongs to me 😂😂😂😂 but I do understand what your saying Thankyou so much that’s so good to know 😊

In Florida all you have to do in the the deed is mentione husband and wife or married couple and it’s presumed that it’s meant to be in an estate by the entireties or joint tennis with right survivorship.

This depends on which state you live in!

Amen to you brother

Great advice.

The home i bought had a 1/8th ownership to the daughter of the wife that pre deacesed her husband. It never went to probate after she died and it was found during refinancing. My title insurance bought her share and deeded it to me at no charge.

Very useful. Mine says Husband and Wife as Joint Tenants.

thank you

Thank You For Sharing 🇺🇸 👀 🤔

Warrant and Defend

Create a Family Trust (or the American equivalent) anybody with anything does it to prevent direct association, unnecessary transfers or taxation fees or property seizures, leans or asset taxes. You become trustees of the trust and there is no ownership transfer. Effectively it's like an asset holding company and you're on the board of directors along with others usually family members to prevent you being a sole owner/operator. How do you think the rich keep what they've got, reduce taxes and legal liability on assets they perhaps cant afford upon a death?

I have a deed as Joint Tenants with right of survivorship (JTROS), with an ex-fiancé (of 15 years). We broke up, he married, and later died. We never changed the paperwork, but on his deathbed he did quitclaim deed his portion (mistakenly(?) between me and his wife - which now equates to me 75%, and her 25%). We are in the thick of a legal battle now. Unfortunately, she has ruined the house and still lives there today.

Research COMMON LAW people.

Nope: Numerous estate lawyers have said "That is not how it works in the real world, joint ownership is joint ownership and right of survivorship is automatically there!" You do not need probate for that in the real world. This sounds like a "You need to fix the law!" issue and not a "You made a mistake!" issue.

My partner and I owed six lots in Elizabethtown NM. We completed and submitted the new deed as joint tenants. He died two years ago so I drove, from CA, to NM with his death certificate. I was then informed that we were listed as equal owners and that I would need to go through probate. I said no a mistake has been made on the part of the assessor as our paperwork has us listed as joint tenants. Well, our cabin was broke into and our safe with the paperwork was stolen. I spoke with the Probate judge who stated that we would have to go through probate. He suggested I contact the district judge to see if he would let me be the inheritor due to our long relationship. I have not pursued this yet. Obviously, along with his death, this has caused considerable stress for me.

Wish I could get the land patent on my property here in Oklahoma

Tenancy by the entirety in Florida is a form of joint ownership that protects property from creditors of either spouse. With tenants by entireties, both spouses own an undivided interest in 100% of the property. If either spouse dies, the surviving spouse inherits full ownership of tenants by entireties assets.

Tenants in common or joint tenants - still tenants, meaning you don’t own the house. The state owns it. Annual tax is your rent payment. Put it in the Trust to avoid probate. When you die Trust lives.

Learned this many years ago in real estate law. Went to the bank and gad to explain what JTWROS meant.

Why can't it be written plain English: "The Survivor will own the property?"

Simply add "and not as tenants in common" after joint tenants.

Well now, I haven’t yet looked at our deed as it’s late now. I’ll do it tomorrow. How do I get it changed if it’s not how you said it should read? Thank you for sharing your most important knowledge!

If you are a tenant you are RENTING you do not own it.

So all this is about 'Property/Real Estate Deeds of Ownership' yet the Supposed Owners of the Property are listed as Tenants or Joint Tenants rather than 'Owners' Hmmmmm.... Makes you wonder if they're really Owners of the Property or just 'Renters/Tenants'!? 🤔

If 2 Siblings own the SAME Property..I think it would be "Tennants in Common"... Correct.???... I DON'T WANT MY HALF TO GO TO HIM... I have my OWN Beneficiary... ✌️❤️😎👍

Great advice 💯 but is this in every state or where??

Joint tenants

I was licensed to sell real estate in both North Carolina and Virginia. Whatever ever happened to a married couple being TENANTS IN THE ENTIRETY

How do you OWN something If you Are a Tenant. which is a Renter???

I heard something about medicare & Cal ( state I live in currently ) could try to take the house as payment ? Anyone heard of this and if so how to avoid it?

What if deed says daughter owns at my demise?

I also assume that by being joint tenants (with survivorship) you avoid estate taxes on the house. Whereas if it was considered as part of a taxable estate my wife (for example) would suddenly be on the hook for taxes based on the the value of my half of the house. is that correct?

Will go back and check what the attorney did when changing our place from Mom's which was in a trust to us 3 children(grown). So not sure if I should put my 1/3 into a trust so if I pass will go to my 2 children..

what haens if it is in a trust

I’ve gone through probate 2 times & still fighting with Wells Fargo over my dad’s house. The deed was done 2019 & they were ordered to turn the note over but they never did! It’s been a nightmare! Here the house should have been paid off by their insurance company w/ credit life at the very beginning! I’m so pissed! 😡

Why husband 50 and wife 50? Can you explain why?

I will NOT be a Tenant on My Land, I will find the Original Land Patent, & Accept & Acknowledge it, I will not pay taxes on My Land, if you are paying Taxes on your Land, you Do Not Own It, under a Land Patent your are Part & Parcel, you are the Land, & the Land is You, you Do Not Own it,...

Is it to late to have the Joint Tennantcy done to our dee?? Bought the house w/ cash some yrs ago using our friend that was a realtor. Both names of g/f was put on it but Joint Tennantcy was not mentioned at all. What is all involved to have this done??? Thx so much.

If there are joint tenants, do they both (all) have to sign to sell the property?

In a community property state, the deed says "husband and wife". Is this the same as "joint tenants with rights of survivorship"?

Many deeds aren't signed by the grantees. In Texas, to create a survivorship, both / all grantees must sign.

How is that different from tenancy by the entirety?

can you just sign a "quit claim" and keep it until needed?

What about “Tenants by the Entirety “ for married couples?

In Australia the wording is tennants in common.

If this is not on our deed, how do we change it? Or can we change the deed?

Law is absurdly complicated

How do you get the right attorney and when do you know you need the attorney?

IS THIS SITUATION THAT YOU QUOTE, THE SAME IN THE UK ?

In a community property state, you might not be able joint tenancy?

I owned my house when my wife and I were married in 2017 In Texas. Subsequently I added a TOD to the deed with the idea that it would cause the property to bypass probate. I did the same will all bank and brokerage account add POD provisions. Lastly all vehicles have TODs. It there any disadvantage or flaw in this approach. We do have wills, advanced directives, etc. My only heirs are a sister and nephew who are doing well. My wife could manage on her own without me or my estate though my pension income would cease, which I why I want her to have the house and monies to maintain her lifestyle if I predecess her. With the PODs and TODs, there isn't enough items of value to be concerned with.

Hello - Is this the rule in each of the 50 states ? I thought each state had their own rules for deeds. Thanks

Is this just for Minnesota? Or other states too?

If you have a spouse...Joint Tenants...

First of all just where does the state derive it's authority to insert it's self between a buyer and seller of a private contract of sale for property during the inland piracy fraud known as "Settlement" takes over the property putting it into a trust situation with the state being the owner of the "Real Estate" naming the purchaser as tenet and charging you annual rent known as "Property tax?" And, when has anyone during the inland piracy fraud known as "Settlement" ever given full disclosure? You don't and fraud vitiates all contracts. If Stone Arch Law Office want to do service to the public they would be exposing the collusion between the state and banks on this fraud and theft.

Can you gave 3 people listed as Joint Tenants with rights of survivorship?

Hi I own my house out right paid off in my name alone, I create a Quick Claim Deed to my two girls(children) when I die, will this hold up whereby they can just go and record the deed? TIA

I don't think I have this on my Home Owner documents. How do I go about doing it? My name and Moms Name are listed as Co-owners. She got the loan which is now paid off. I paid it off. She's 88 I'm 61. I remember signing something saying. If one dies the other assumes sole ownership

I've heard/read that if you're listed as a "tenant" on your deed, and not an "owner," you legally do NOT own the property. You are, in fact, a tenant (renter), despite even paying off the mortgage. True or false?

I don't know what America does but you cannot have a DIY title deed any title must be registered with the land titles office and the tenant in common or joint is for mortgage purposes so they know what the mortgage was put under since with tenant in common if it goes belly up they can only take that person's share of any proceeds where if joint the both are equally liable for discharge of debt

I used a lawyer 30 years ago it's still screwed up, I sold a house lawyer fd' it up

As the old saying goes: "He who represents himself has a fool for a client."

What if a parent puts up the down payment on a child's new home with the intention of living there also, how does that work? Hopefully the parent will pass first. Does this create a problem?

JTWROS joint tenants with right of survivorship

What about life estate?

I am a widower and I do have a mortgage with only my name on it. Could I add my son on my deed as a tenant so if I die would he be able to take over the house payments without me having to redo a loan to have his name added thank you

I need a referrals for my husband and I. We have no children. We are retired. We live in Texas.

I thought the county creates deeds.How should I proceed? I don't have any debt on my domicile.

Very Good!... #231 {5-10-2024}

This glosses over a fundamental question: Why record a deed if you're only "tenants"? A: You're tricked into acting as tenant instead of land owner.

What about transfer on death to someone on the deed?