If property is held as joint tenants with siuvivorship rights, can a Will provide otherwise?

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If property is held as joint tenants with siuvivorship rights, can a Will provide otherwise?

The property is in the name of 2 people. Full ownership is to given to the one who survives the longest of the 2. Can the property be put in different names by virtue of  the terms written in a Will?

Asked on December 22, 2011 under Real Estate Law, North Carolina

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A document that is done in vivos which means, which means it takes effect while one is alive takes precedence over a testamentary document, which is a document which takes place upon death. A deed with rights to survivorship means that upon ones death it automatically goes to the other party and thus is not part of the decedent's estate upon the death. Thus, any will provision to the contrary has no relevance whatsoever. Therefore, the only way to undo the situation is for the two titled deed holders to do a new deed which goes from joint tenants to tenants in common. Once this is done, then a provision in the will can be made as to the inheritance of that interest.  


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