Las Vegas, NV asked in Estate Planning for Nevada

Q: Does a living trust destroy a joint tenancy in Nevada?

I live in an owned joint tenancy. One of the owners made a living trust. Does the living trust destroy joint tenancy if that person dies, or does survivorship still apply to the other person on the deed?

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1 Lawyer Answer
Kirk Kaplan
Kirk Kaplan
Answered
  • Estate Planning Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: A joint tenant creating as revocable living trust along does not destroy a joint tenancy. What destroys the joint tenancy is a joint tenancy drafting a deed removing his/her interest as a joint tenant. So the action of joint tenant signing a deed (s/he along can sign) conveying a her/his interest to her/his living trust or to any other person or entity is what breaks the joint tenancy.

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