Q: I am preparing my Last Will and Testament. I desire to bequeath my real estate property to my two children as "JOINT
Tenants", not as "Co-Tenants" / Tenancy-in-Common. I often see Joint Tenancy specified as JTWROS (Joint Tenancy with Rights of Survivorship). My question is this: In the state of Tennessee, can I specify "Joint Tenancy" WITHOUT Rights of Survivorship?
A: These terms can be confusing and tricky, often leading to possible mistakes. If I understand your question, co-tenants or tenants in common would be the same thing as joint tenants WITHOUT survivorship rights. ( the situation when one co-owner dies, his/her share of the property is inherited by his /her heirs and not the other co-owner). In other words, it is the "rights of survivorship" which makes the difference. Calling them "joint" or "co" or in common adds nothing. Tennessee law assumes the co-owners are tenant sin common UNLESS survivorship rights are clearly expressed.
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