Q: My deceased Grandmother and I were Joint Tenants on land. I am being told I cannot name my 15 daughter as joint tenant
I’m also being told that if I die without naming someone else on this Affadavit of Surviving Joint Tenant that the land will go to the state, which I can’t imagine. I have a will indicating that it would go to my 2 underage daughters. Thoughts?
A:
You can name your daughter as joint tenant, but it is probably not the best idea.
Once your daughter is on the title she as rights which will limit your ability to deal with the property. If you concern is that your daughtter's nherit the property once you are gone, you have several options:
Probate avoidance:
1. Establish a trust. This is one of the best solutions. You can protect the asset from your daughters' immaturity by not letting them sell the property until they reach a certain age or maturity. This prevents them from selling the property blowing the inheritance. This also may be needed if your daughters have any special needs.
2. Transfer on Death Deed. This keeps the property wholly in your name. If you need to sell, mortgage or lease the property you can do so without getting your daughters' permission. After you die, your daughter files a form and the property becomes theirs. Very similar to the joint tenancy you had with your grandmother. Also if your daughters have financial problems later, like bankruptcy, judgment debts or a divorce, your property won't be impacted.
3. Joint tenancy. While this avoids probate it ties up the property. You will not be able to sell it without your daughters' permission. If they married, their spouses would also have to sign. If they get a judgment or tax lien, it becomes a lien on the property. If they file bankruptcy or get a divorce, their interest might be sold or partitioned. Usually this is the worst option.
Probate:
Your property will not go to the state. If you die you can leave the property to her in a Will. If you don't have a Will and also don't have a spouse and other children, then the property should pass to her through intestacy. In either case probate would be necessary.
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