Evergreen, CO asked in Contracts, Estate Planning, Real Estate Law and Probate for Colorado

Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?

My understanding of Colorado law is that only the last sole survivor of a joint tenancy can be the grantor of property to a beneficiary upon his/her passing. But if one or more original owners quitclaims their portion to others within the original group of joint tenants, does the right of survivorship still stand, or has it been negated or changed? In this case, the original FOUR entered into a deed that does not have the exact words "right of surviorship" but DOES make many mentions of "joint tenancy; the survivor of them..." and over the years, two of the original owners filed "quitclaims" to each of the remaining two owners. Did those quitclaims from many years ago change the deed so the property will be owned by heirs of all four parties, or does right of survivorship stand, meaning the beneficiaries of the last sole survivor are entitled to the property? Thank you for sharing your knowledge and time.

1 Lawyer Answer
Donald C Eby
Donald C Eby
Answered
  • Castle Rock, CO
  • Licensed in Colorado

A: The chain of title will need to be examined to definitively answer your question.

There is a likelihood based our the facts stated that the Right of Survivorship remains valid.

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