Legal Question in Real Estate Law in Florida

Joint tenants WROS

Does ''jt tenants WROS'' property go through Probate?

Ownership is parent/adult child. Total amount is less than Federal exemption. Does property go to the surviver tax free?


Asked on 5/29/07, 9:27 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Joint tenants WROS

yes

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Answered on 5/29/07, 3:56 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Joint tenants WROS

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Property that is owned jointly as joint tenants with right of survivorship (JTWROS) passes outside of an estate to the surviving tenant upon the death of the other joint tenant. Accordingly, it does not transfer through probate which is not necessary.

Scott R. Jay, Esq.

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Answered on 5/29/07, 11:44 pm


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