Jointly Owned Property Causes Lots of “OH NOs”

If your jointly owned property has caused you to loudly exclaim, OH NO, you havent owned it long enough yet. But isnt that they way most people, at least married couples, own their property? Yes, it is. But look what happens. And then you decide whether you want to own property jointly.

Jointly owned property Catastrophe #1

Fred and Wilma own most of their assets jointly: house, bank accounts, and investment accounts.

Fred dies.

Wilma now owns everything in her individual name.

The result?

If Wilma is sued because she committed malpractice, caused a car accident, goes bankrupt, has a business failure, gets divorced, etc..

All of the assets can be taken because they were inherited without any asset protection. Joint ownership has a survivorship feature that causes the property to go outright to the surviving owner.

Jointly owned property Catastrophe #2

What else?

Wilma hasnt been sued (yet) but she gets remarried to Barney. She always thought he was cute. Blondes are more fun afterall.

Wilma and Barney put all of their assets in joint names because thats what married couples do.

Wilma dies.

The result?

Barney, by operation of law, automatically inherits all of the jointly owned property.

When Barney dies, where do Fred and Wilmas assets go?

To BamBam.

What does Pebbles get? Nothing.

Many children are unintentionally disinherited by jointly owned property.

Jointly owned property Catastrophe #3

Disinheritance also occurs unintentionally when siblings own a hunting cabin or family vacation home together.

The survivor takes all and the family of the first to die has no legal interest or right to the property. The kicker is that the decedents family has to pay the taxes on the transfer of the family vacation home to the sibling but has no benefit of the asset.

Jointly owned property Catastrophe #4

Some parents, especially elderly and recently widowed parents, put a childs name on the house or other assets. (Dont ever do this.)

Well use the example of Jake the Snake and his mom.

Momma Snake puts Jakes name on her house and bank account. Hes the oldest.

What happens when Jake the Snake:

• Gets divorced?
• Goes bankrupt?
• Needs to qualify for Medical Assistance?
• Is sued for causing a car accident?
• Has a medical crisis?
• Is a jerk?
• Needs money?
• Commits malpractice?

Youre right. Momma Snake likely loses her house and her bank account.

What happens when Momma Snake dies?

Jake, by operation of law, inherits the assets. His siblings, Momma Snakes other children, inherit none of the jointly owned property.

If you have questions about the big OH NO of jointly owned property, consult with a qualified estate planning attorney.