If a property is titled as “Joint tenants with right of survivorship”, can one’s share in the property be transferred via a Will if the bequest is “to X I leave all my property”?

Asked on August 31, 2015 under Estate Planning, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Joint tenants with right of survivorship means that the survivor inherits the property.  The property cannot be transferred to another by a Will.  That provision in the Will is inoperative and should be stricken from the Will.  If it is not stricken from the Will, it would be grounds for contesting the Will.  It is also possible that a court might interpret the provision, "To X I leave all my property" as including all property other than the property subject to the joint tenancy with right of survivorship.


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