what are advantages & disadvantages of titling a house as tennants in common vrs joint tennants w/ rights of survivorship?

my sister and I have inherited our parents home. I am single and she is married w/ 3 children. Upon my demise, I would like for her children to receive my share. What is the best way to minimize conflicts and death taxes? - Is this your question? Add additional information
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Answers (1)

Steve Fromm

Steve Fromm

Contributor Level 7
Joint tenancy allows the property to pass to the surviving joint tenant. A person with a tenant in common interest does not pass to the other tenant in common. The tenant in common must dispose of this interest via the terms of his will or it can be transferred during life.
The simple answer is for you to draft a will disposing of this interest to the children. However, if you were to die when they are very young you would need to have the property held in trust. You need to discuss this and the rest of your situation with a qualified estate planning attorney.

Hope this helps.

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Mr. Fromm is licensed to practice law in PA with offices in Philadelphia. He can be reached at 215-735-2336. He is featured as a 5Star Wealth Manager in the current issue of Philadelphia Magazine, November 2009 on page 123. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
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