McKimmey Law Office, Shawnee, Oklahoma,probate, estates, wills, trusts, prenuptial,ante nuptial agreements, contracts,false arrest, civil rights, adoptions, divorce

McKIMMEY LAW OFFICE, P.C.
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24 E. Highland, Shawnee, Oklahoma 74801 - 405-275-3564

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CAVEAT - The Answers and Opinions expressed on this page are general in nature, and the Answers and Opinions that our office would most likely give you.
You should also be aware that many of the Answers and Opinions expressed on this page represent our opinion and do not necessarily reflect the views of the entire legal community!

Laws in different states may vary. Since we practice in Oklahoma the views in this segment reflect our interpretation of Oklahoma Law, and the law applicable in your state may be different.
You should not consider these Answers and Opinions as legal advice applicable to your particular case and circumstances.
In planning your affairs you should consult directly with an attorney of your choosing, acquainting him / her with all of the facts and circumstances which apply to you.
In planning your affairs you should always get a second opinion.

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Asha Mayar - 12/16/00 06:17:39
My Email:ashanayar@hotmail.com
Comments:

dear sir/madam,
My name is Asha Nayar,& i have just appeared for my final LLB examinations from Calcutta Univ.,India.
Currently i am developing a comprehensive umbrella legal portal for Indian laws,which will extend to the laws of other countries as well.
Would you be interested to be associated with our venture waiting for your reply,
very truy yours
asha

Kristina - 12/06/00 22:36:54

My Email:je5947@bellatlantic.net
City: Edgewater Park
State: New Jersey
Zip Code: 08010
How You Found Us: Internet
Subject: Joint Tenants vs. Tenants in Commom

Comments:

Please, I need an answer to this question. I purchased a home with my fiancee, he has never been marrid, no children. We are not married.
I have only 1 child, a 21 year old daughter. I don't know what our Deed reads - I have to read it but my question is:
Does "Joint Tenant" on the Deed mean that if I die before my fiancee, my 1/2 will go to my daughter as the "survivor" or will my 1 2 go to my fiance as the "survivor"?
Both my name and my fiancee's name are on the Deed - my adult daughter's name is not on the Deed. If it reads "Joint Tenants with Right of Survivorship" does the "right of survivorship" mean my 1/2 will go to my fiancee and not my daughter?
"Tenants in Commom" - does "Tenants In Commom" mean that if I die before my fiancee he will become full owner of my 1/2 of our home and my daughter has no right to my 1/2? Please E-mail me as soon as possible. I thank you for your prompt help. My E- ail is je5947@bellatlantic.net Thank you, Kristina

Our Response

Joint Tenancy with right of surviorship means that upon the death of one of the Joint Tenants the title to the property vests in the surviving joint tenant.
Tenants in Common means that each of the parties owns an equal interest in the property with every other Tenant in Common and that upon the death of one of the co-tenants his or her interest passes to his or her heirs - not to the survivi g tenants.
Our office would not recommend the creation of a joint tenancy interest in the property in the situation you describe - nor would we recommend placing third parties on the deed.
In most instances deeds are not a good estate planning tool - you lose the right to change your mind! - and your affairs become commingled with the affairs of others.
See our webpage FAQ - About Real Estate
and FAQ - About Probate