A joint tenancy with right of survivorship (JTWROS) is a type of ownership in which two or more people own property jointly, with the following characteristics:

Joint Ownership:

• Each owner has an undivided interest in the entire property, not a separate parcel.
• Each owner has the right to live in, use, enjoy, and dispose of the entire property.

Right of Survivorship:

• Upon the death of one owner, their undivided interest passes to the surviving owner(s).
• This surviving owner(s) inherit the entire property without probate.

Key Benefits:

• Simplicity: Allows for easier inheritance and avoids probate.
• Shared ownership: Provides joint ownership and rights to each owner.
• Tax advantages: May offer tax benefits for certain properties.

Potential Drawbacks:

• Right of survivorship: Can create unintended consequences for surviving owners.
• Contestation: Can lead to disputes over inheritances.
• Increased complexity: May involve additional legal considerations.

Common Uses:

• Marital property
• Rental property
• Business assets

Important Considerations:

• Joint tenancy with right of survivorship vs. Joint tenancy: Although they share similar names, they are not the same. Joint tenancy involves two separate ownership interests, while JTWROS has one undivided interest that passes to surviving owner(s).
• Clear naming: Names of surviving owners must be explicitly stated in the deed to ensure proper inheritance.
• Need for a deed: Requires a deed to be recorded upon the death of an owner.
• Tax implications: May have different tax implications depending on the property type and location.

Overall:

JTWROS can be a beneficial ownership structure for certain situations, but it’s important to understand the potential drawbacks and carefully consider the legal implications before creating such an arrangement.