Wills/Property in Joint Tenancy

By now you have made the decision that you no longer desire to remain married to your spouse. I have, therefore, informed you that you should consider creating a Will which will leave your property to people other than your spouse if you should die. Of course, if you desire to leave the property to your spouse, notwithstanding the dissolution, that is your choice. 

You should also give consideration to breaking all joint tenancy deeds since, by definition, joint tenancy property goes to the survivor and, therefore, if your spouse holds property with you in joint tenancy and you die, it will go to your spouse, regardless of whether or not you have a Will specifically disinheriting your spouse.

Even after following my suggestion that a Will be prepared for you and your life insurance provides that your spouse is the beneficiary, your spouse will receive the life insurance proceeds. Therefore, if you do not desire that to occur, you will have to contact your life insurance company immediately and change the beneficiary to someone other than your spouse. The same applies for any of your retirement/profit sharing/pension plans to the extent that you name a beneficiary.

As I have indicated, our firm handles issues related to and, breaking joint tenancies. We will be happy to arrange a consultation with Sheri Hoffman to accomplish that goal. Contact us »

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