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AFFIDAVIT OF SURVIVING JOINT TENANT STATE OF ) ) COUNTY OF ) SS. Now on this day of , , I, , of lawful age, being duly sworn, state as follows: On the day of , , this interest was conveyed by document
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Music welcome back I'm Greg with the Ashcraft firm and I'm an estate planning attorney and over the last couple of weeks we've talked about two of the ways to pass property at time of death and this week we're going to talk about the third way to pass property at time of death so week one we talked about a state and how if you do nothing your property will pass through probate and we talked about the pros and cons of that and then we - we talked about passing property by contract and we talked about the pros and cons of passing property that way and then this week we're going to be talking about the pros and cons of passing property through joint tenancy so what do we actually mean when we're saying we're passing property by joint tenancy so usually this phrase is actually used in deeds and joint tenancy is shorthand for joint tenancy with right of survivorship and this is the other way to hold property rather than tenants in common so typically you either hold it sole and separate you hold property just by yourself or you hold property as tenants in common or you hold property in joint tenancy so if you're holding property with more than one person you either have to hold it and enjoy tenancy or tenancy in common so if you hold the property as tenants in common then that means that you just own a percentage of the property in the same way you would as separate property meaning like let's say we hold the property 5050 as tenants in common so let's say my my wife and I hold our property as tenants in common 5050 if I have 50 of the property and if I pass away then that 50 of property that's held as tenants in common we'll pass through probate okay so I hold that property I can actually make agreements with people where when I pass away I pass my tenant in common share to anyone it doesn't have to go to somebody automatically who's on the deed so I could I could write in a will for instance I could say my tenant in common share of my house that I hold jointly with my with my wife as tenants in common that I give that property to my son or something like that when you hold property in joint tenancy with right of survivorship then you can actually so if I hold property with my wife like my my house if I hold that as joint tenants with my spouse then when I pass away it automatically passes to my spouse and so those are some of the pros some of the pros of this if you pass property that way it's automatic okay so let's say we hold property as joint tenants my wife and I and then I pass away all she has to do is file an affidavit of death of joint tenant with the County Recorder where we held that real property and then she automatically becomes the sole owner of that property and this avoids probate so so those are some of the the good parts of passing property in that way but there are lots of downsides to passing property in that manner so first we can't really name a contingent...