Also known as: joint tenant with right of survivorship · joint tenants with rights of survivorship · JTWROS · joint tenancy with right of survivorship
Written by attorneys — see sources below.
A form of concurrent ownership in which two or more persons hold undivided interests in the same property. The right of survivorship causes the interest of a deceased joint tenant to pass automatically to the surviving joint tenant or tenants by operation of law.
Joanna Jung and Jonathan Jaffe held their residence as joint tenants with right of survivorship. Joanna executed a will during pending divorce proceedings that attempted to leave her interest in the home to a third party. When Joanna died while still married, title to the entire property passed by operation of law to Jonathan.
Jacob Jennings and Jeanette Jensen held their business premises as joint tenants with right of survivorship. Both died in a common accident with no clear and convincing evidence establishing that either survived the other by 120 hours. The property interest was divided equally between their respective estates rather than passing entirely under the survivorship right.
Mildred R. Smith commenced this equity action in her own behalf and as next friend of her husband Ralph Smith, a minor, against Lynn R. Wade and Naomi Wade. The plaintiffs sought to have declared null and void a real estate mortgage dated July 9, 1956, for $3,256.23 on described property in Keith County, Nebraska, together with any promissory notes or indebtedness secured by it. The plaintiffs alleged that Ralph Smith was under the age of 21 years when the mortgage was signed, that the mortgaged real estate was their homestead, that the mortgage was procured by threats and duress, and that it was without valid consideration. They further claimed that the mortgage was repudiated by Ralph Smith. The defendants answered by admitting execution of the mortgage and pleading that seven notes were executed along with it for the total amount. They alleged that $794.62 represented necessaries of life furnished by Lynn R. Wade to the plaintiffs, that part of the amount was procured by fraud of Ralph Smith, and that the real estate was owned solely by Mildred R. Smith. The defendants also filed a cross-petition for declaratory judgment on the validity of the instruments. After trial the district court rendered a decree finding Ralph Smith to be a minor and that part of the amount was for necessaries of life. The court upheld the notes and real estate mortgage as valid and enforceable according to their terms against the plaintiffs. The plaintiffs' motion for new trial was overruled, and they appealed to the Supreme Court of Nebraska. The account underlying the notes consisted of charges for merchandise sold in the retail motor fuels business, amounts from the cash register, shortages in station merchandise, checks which did not clear, and the sale price of an automobile for $750 that had been returned to the defendants. None of the items was identified as necessaries for the plaintiffs. The record contained evidence both supporting and contradicting the claim that the notes and mortgage were procured by duress, and the mortgaged property was the homestead of the plaintiffs.
View caseNo. Property held in joint tenancy with right of survivorship passes outside of probate directly to the surviving joint tenant by operation of law. A will has no effect on such nonprobate property even if the testator attempts to devise the interest to a third party.
When survival cannot be established by clear and convincing evidence for the required period, the property is divided equally between the estates of the deceased joint tenants rather than passing entirely to one survivor.
Yes. Creation of a joint tenancy with right of survivorship requires the four unities of time, title, interest, and possession among the co-owners.
…was executed). G. L. c. 191, § 22. The rule of construction of § 22 is that the issue of a deceased relation take his share by right of representation “unless a different disposition is made or required by the will.” In this case, no class member predeceased the testator and, therefore, § 22 does not explicitly aid…