Is a joint tenancy considered an estate? If one of the names on the title is deceased?

UPDATED: May 31, 2012

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Is a joint tenancy considered an estate? If one of the names on the title is deceased?

My father recently passed away. We are joint tenants on the condo and have been for quite sometime. I am not sure the laws in my state but is joint tenancy considered part of the estate and, if so, does this mean I have to pay his credit card bills? The condo will not be sold and is being lived in.

Asked on May 31, 2012 under Estate Planning, Nevada


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  You need to look at the deed to the condo.  Does it state onlt "Joint Tenants" or does it say "Joint Tenants with Rights of Survivorship?"  Those last words  - rights of survivorship - are what is needed to have the proeprty pass from your father to you automatically by "operation of law."   Otherwise his half pases through his estate.  Now, generally speaking, the credit card bills are not your problem unless you were on the original applications or possibiy if your state requires that children pay for the necessities of the parents (there is an argument that credit card bills are not necessities).  His estate is responsible for the bills.  I would go and speak with some one in your area about all of this so that they can look at the documents in hand and let you know.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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