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Willing One Party's Interest in a Joint Tenancy

Duluth, MN |

My husband and I are joint tenants with rights of survivorship on a vacation home. Can I Will my interest in the property to my children if I die first? Would they then get my interest in the property rather than my husband?

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Attorney answers 4




No. If there is "right of survivorship" - your interest passes to the other owner on death. There is nothing to transfer to someone else.

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The answer to your question is NO. The property would not be part of your estate and would not pass through your will. At your death, the property would automatically become the property of your husband.

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No, but you can terminate the joint tenancy arrangement now, while you're alive. After you've terminated the joint tenancy, you and your husband will continue to own the property together as tenants in common. If your husband then dies, his one-half share will pass according to his will, if he has a will, and if he has no will, his one-half will go to his spouse and children. The same will be true if you die before he does. Terminating the joint tenancy is not complicated, but it should be done by a lawyer in order to make sure that it's done correctly.