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Maverick
Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6106
Experience:  20 yrs of professional experience.
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I am a aresident of the State of New Jersey. I am single and

Customer Question

Dear Sir: I am a aresident of the State of New Jersey. I am single and made a will naming my only child, who is an adult, as my sole heir. However, I have been living with my boyfriend for 2 years in a co-op which we are own as "joint tenants" with no
rights to survivorship. We, therefore, own the shares down the line. My understanding is that if I do not marry him, my son will inherit my 50% shares in the co-op, along with whatever else I have. My questions are: 1) If I marry my boyfriend and I die first,
would my husband now have rights to part of my 50% in the co-op? 2) Would my husband have rights to part of my checking account, which had always been a joint account with my son? I am asking this question as while my boyfriend has a lot of money, he may still
want a share of what is mine once I am gone. Thank you so much for your time and attention.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

ANSWER:

1. Joint tenancy creates a right of survivorship which right provides that if any one of the joint tenants dies, the remainder of the property is transferred to the survivors. So, if there is no right of survivorship, then it appears that you own the property as tenants in common. Unlike joint tenancy, tenancy in common has no right of survivorship. Thus, your boyfriend will not be entitled to receive a share of the property upon your death; instead, the property goes to your son as the sole heir. Getting married does not automatically change that.

2. Joint checking accounts typically carry rights of survivorship. So, if one of the joint holders dies, there is nothing the surviving joint owner has to do to get that money. A joint account holder's rights to the funds in the account normally supersedes what's written in a will.

Customer: replied 1 year ago.
Thank you, ***** ***** your helpfull information. I should have used "tenants in common", rather than "joint tenants". Please let me deliberate over your information, after which I will decide on my next action.
Expert:  Maverick replied 1 year ago.

Your welcome...

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