Legal Question in Wills and Trusts in Massachusetts

Re: Follow up to ''In the absence of a will''

The difference between the two, with respect to estate planning is generally as follows:

Generally, if the property is held as joint tenants, there is what is called a "right of survivorship," which means if one of you dies, the remaining joint owner receives the deceased owner's interest automatically.

Generally, as tenants in common, if one of you dies, the deceased owner's interest passes to his or her heirs - through a will, or if no will, through the intestacy laws.

The language of the Deed can determine under which status you own the home.

Feel free to email or call to discuss further.

Re: Follow up to ''In the absence of a will''

Tenants in common means you each have a half-interest in the property. Joint Tenants with right of surviorship means whoever outlives the other gets the house.

I did not read the prior answers, but you would be best served by meeting with an attorney and having an agreement drawn between the two of you as to what happens if you decide to separate. It will make things easier, should there be a problem in the future.

Re: Follow up to ''In the absence of a will''

I suggest that you start by reviewing the deed. It will usually state whether you were granted the property "as joint tenants" or as "tenants in common." No matter how the deed reads, you should decide what you want to happen in the future, and take steps to make sure that it will happen in the way you want.

Let me know if I can help.