Estate Law Questions? Ask an Estate Lawyer.
Thank you for your question.
Yes, joint tenancy is commonly used to avoid probate.
Property acquired by gift or inheritance is separate property of the spouse who acquired it, see
so her husband would have no legal claim to the property if you use a joint tenancy deed, or a transfer of death deed.
You can write a deed from yourself to yourself and your daughter using language that states the deed is to her, a married woman, as her sole and separate property. and taking title with her as joint tenants with right of survivorship and not as tenants in common.
Or you can use a Transfer on Death deed, see
You can get a free consultation from some of the attorneys listed by location here.
Please follow up on this with a local attorney, who can review the facst and explain your options and advise you on how best to accomplish your wishes.
I hope this information is helpful.
Nebraska allows Transfer n Death deeds, which have basically the same effect as a joint tenancy deed except that the grantee does not get a present interest in the property. Another possible way to accomplish this is to deed the property to her and reserve a life estate. I have identified three ways to accomplish your objective, and they may have differing tax consequences.
Please follow up on this with a local attorney.
No, in the usual situation, you own the title if you have recorded a deed naming you as grantee. The bank has a mortgage, but that only gives the bank a security interest in the property, you remain the legal owner, subject to the mortgage.
Once you pay off the mortgage, you get clear title not encumbered by the mortgage, but you already have title, not the bank.
If someone is injured by a dangerous condition of the property, they would sue the owner and could not sue the bank.
If that does not clarify the meaning of title, please let me know and I'll look for a better explanation.
"Joint tenancy upon death" is not the language but I am not allowed to write legal documents for you. You would name your daughter as a grantee, "D, a married woman as her sole and separate property" to protect the property from any claim by her spouse.
But if she is a joint tenat then yu could not sell the property without her consent. Do you want her to have a present interest in the property, or only get the property when you die?
Then you want to give her a transfer on death deed after you take title to the property in your name. There is a sample form avaiable from
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