Thursday, September 9, 2010
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Estate Planning - Property Title Issues

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  Titling of Property-Forms of Ownership  Tenancy by the Entirety
  Common Forms of Property Ownership  Tenancy in Common
  Sole Tenancy  Community Property
  Joint Tenancy with Rights of Survivorship  Life Estates and Remainder Interests

Property Title Issues

Tenancy in Common

Two or more owners, including spouses, can own property jointly without a survivorship feature and with equal or unequal fractions of ownership.  This type of ownership is similar to sole ownership in that when one of the owners dies, the property interest owned by the deceased does not automatically pass to the other joint tenants.  Rather, the property passes by the deceased owner’s will or state intestacy laws.  The value of the fractional ownership interest in the property at death is includable in the decedent's gross estate.


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