Making Sense of Joint Tenancy

Joint Tenancy Agreement document with pen and glasses

Making Sense of Joint Tenancy

The fundamental estate planning instrument of joint tenancy offers two or more individuals the right to hold equal access and entire ownership of real property or assets.

Joint tenancy is also a tempting option for husbands and wives or couples living together because surviving parties automatically inherit co-owned property upon the death of a co-owner.

Co-owned assets likewise evade probate proceedings by virtue of the legal and statutory conveyance of assets that takes place after death.

Estate dispute litigation may arise however when a joint tenant’s will conflicts with another co-owner’s right of survivorship; tax issues and debtor liability also burden joint tenancy ownership.

When heirs petition probate courts to recognize co-owned property, joint tenants in Iowa have no choice but to hire an expert probate litigator to shield their assets from loss.

Common Questions

Legal Issues Relating to Joint Tenancy

Will challenges that claim joint tenants lacked the mental capacity to form a valid joint tenancy at the time they purchased their property or asset.

Existence of an Earlier Will

Assertion that provisions in previous will overrides the joint tenancy held on the property or asset in controversy.
A claim that asserts a co-owner or another party exploited the testator’s lack of testamentary capacity by coercing, pressuring or persuading the decedent to buy into a joint tenancy.

Estate Dispute Litigation in Iowa

The Smith Law Firm in Iowa attacks and defends joint tenancy claims.

Seek our advice if an heir unjustifiably challenges your right of survivorship by petitioning the courts to push your co-owned property through probate.

We are the go-to probate litigators in Iowa for working out joint tenancy disputes.

And don’t forget. “It’s our mission to save you money by resolving your joint tenancy dispute out of court or in mediation.”


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Check out our blog and learn more about joint tenancy in Iowa.


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“It’s our mission to save you money by resolving your joint tenancy dispute out of court or in mediation.”