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LATEST VIEW LEGAL BLOG

  • When is a joint tenant not (for you)** a joint tenant?
    When is a joint tenant not (for you)** a joint tenant?
    In the context of recent posts, it is an important estate planning issue to understand that where an asset owned on title records as joint tenants is a partnership asset it will be deemed to in fact be effectively owned as tenants in common. If this deeming rule applies then the death of a partner essentially causes the value of their interest to pass under their will, and not by survivorship to the other owners. The Partnership Acts in most states codify the rules in this regard. These rules generally state that unless the contrary intention appears, property bought with money belonging to th …
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