Also known as: joint and survivorship arrangement · joint-and-survivor arrangement · JTWROS · joint tenancy with right of survivorship
Written by attorneys · grounded in primary & secondary sources — see below
An undivided ownership interest in property held by two or more persons that includes a right of survivorship. Upon the death of one co-owner the interest passes directly to the surviving co-owner or co-owners by operation of law rather than through probate. The arrangement functions as a will substitute because the property is nonprobate and cannot be devised by will even when divorce proceedings are pending.
June Jiang and Jacob Jennings held their home as tenants by the entirety during their marriage. While divorce proceedings were pending June executed a will devising her interest to her sister. June died before any divorce decree or severance of the tenancy. Title passed by operation of law to Jacob as the surviving spouse.
John Andress titled shares of stock in joint tenancy with right of survivorship naming his wife Lessie as the other owner. After John died his executor claimed the shares for the estate under the will. The court held that the shares passed directly to Lessie by survivorship and were not part of the probate estate.
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No. Title passes by operation of law to the surviving co-owner if the marriage remains intact and the tenancy has not been severed. A will attempting to devise the property has no effect on nonprobate assets held in this form.
The right of survivorship is the key distinction. In a joint-and-survivorship arrangement the deceased owner's interest passes automatically to the survivor. In a tenancy in common the interest passes through the estate to heirs or devisees.
No. Equity will not impose a constructive trust to circumvent survivorship rights when the tenancy remains intact and there is no showing of wrongful conduct or unjust enrichment by the survivor.
…sell it to get the money.” [¶13.] At Mary’s request, Unke drafted a deed conveying the McCook County farm to her and Ron in joint tenancy with right of survivorship. Unke also drafted a new will that expressly set out Mary’s intent to have joint tenancy property pass outside the will with the remainder of her estate to be divided equally among Judy,…