Estate Planning and Joint Tenancy with Right of Survivorship

How carefully did you consider how to title your property when it was purchased? Some property owners do not give this issue enough thought, failing to appreciate the impact that titling decisions can have on their efforts to avoid probate and avoid legal battles down the road.

In another article we provided an overview of tenancy by the entirety, an option available to married couples in Pennsylvania that offers significant benefits. An option that is similar to tenancy by the entirety is joint tenancy with rights of survivorship. However, this form of ownership does not have some of the key benefits of tenancy by entirety, like protection from individual creditors of each owner.

It is important that you fully understand the benefits and risks of each kind of titling option available to you before you sign on the dotted line. This article provides a basic overview of joint tenancy with rights of survivorship; a qualified attorney can explain the issues in greater detail.

Joint tenancy with right of survivorship

  • All joint tenants are presumed to have an equal share in the property.
  • The rules of joint tenancy with rights of survivorship are similar to the rules of tenancy by the entirety, with a few notable differences.
  • When one co-owner dies, their share of the property passes to the joint tenant regardless of what the deceased’s will says.
  • Upon death of one owner the estate passes to the surviving co-owner at its current value.
  • Depending on state law, one co-owner can dissolve a joint tenancy without the other’s approval.
  • There is no protection from creditors as in tenancy by the entirety.

This is an option that can be used by parents who purchase a home for their child. However, the parent must be comfortable with holding an equal share of the property with their child. Another drawback is that the parent or the child could dissolve their share of ownership without notifying the other, something that could make some people uneasy.

You can read more about different ways to title property in our law library, including, “Estate Planning and Tenancy by the Entirety”, “Estate Planning and Tenancy in Common”, and “Estate Planning and Sole Ownership”.

To learn more about holding Pennsylvania property in tenancy by the entirety and other estate planning matters, please contact the experienced estate planning attorney at the law offices of Shields and Boris.

Elder Law Offices of Shields and Boris

109 VIP Drive

Suite 200

Wexford, PA 15090

Toll Free: (888) 444-4093

Phone: (724) 934-5044


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Elder Law Offices of Shields and Boris
109 VIP Drive
Suite 200
Wexford, PA 15090
Phone: (724) 934-5044
Toll Free: (800) 879-0984
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