The TWO words that MUST appear on your house deed!
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- เผยแพร่เมื่อ 7 ม.ค. 2021
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I just watched this, I’m in Vermont and bought property from a friend of over 30 years in 2019, I’m now 70 years old, I was 65 when i bought this property, 1) Mistake one, I didn’t involve my attorney, my friend and I transacted the purchase w/o one, 2) I paid him in cash, $31,000, this was to be my summer retreat then I’d travel in my RV in the winter season. So you see I made 2 big mistakes, I trusted a friend and I trusted a friend. We’ve been in the courts for years trying to resolve this, he just refuses to sign over the deed, plus my attorneys just retired and moved to Europe. So I spent $31 K to my friend and another $30=K in legal to date, we’re not to old to learn a valuable lesson, never trust a friend w a contract, and have an attorney involved, great video. Hopefully I resolve this so my children don’t have to. Great video
No you trusted someone who you imagined was a friend and you trusted an American.
Americans don't have friends they have business associates. It is only your desire to have friends that lead you to your mistake.
My father always said you can trust people if you want, but don't!!!!!
As the old saying goes: "He who represents himself has a fool for a client."
-- did you just hand him $31K with no bill of sale being done ?
For a short time, I went to auctions that required a letter of credit of a certain amount to get in. So a letter of credit should be enough to get the contracts signed; then a check written on that account would give a paper trail, and it is always good to have 2 witnesses (not family or close friends). I hope this will be settled soon, and you get the property in your name.
My life partner and I bought a house 14 years ago and I insisted we put joint tenants with rights of survivorship. He unexpectedly died in 2020. All I had to do was fill out a form at the county and the Deed was put solely in my name, easy peasy! Otherwise it would have been a nightmare!
Tenant is a renter
@@bluesky6985 Hi there, not in this case, here is the definition:
“Under a joint tenancy, title to the property interest of a deceased owner automatically transfers to the surviving co-owner, without the necessity of filing a probate action in the probate courts.”
@@holly1391 Warranty deed is not title to the property. Property can only be owned by allodial title. Tenant is a renter
🤨 u insisted huh? Passed away early only 14yrs later huh? Easy peasy huh? I'd be investigating ur a**
@@bluesky6985How does one get an allodial title at this point in the republic?
My mother was an Escrow Officer her entire working life even owning her own escrow company for over 20 years. She never let any couple not include "In Joint Tenancy" in any deed she drew up unless there was a specific reason they had for not wanting it. But she would always tell them they were not protected in right of survivorship if they didn't word it that way.
Yes they really are the two most important words on a deed.
As you can see from the likes, Americans like other peoples bad news. It makes them feel better about their uncountable many failures. While others good news only reminds them of those. 😎
@@Number6_😐.....
You need to take a break from the ganja dude.
@@plantfeeder6677 your momma! You need to be less of an ass and stop making up stories. 😘
@@Number6_
Wow. Where did you get THAT idea?
@@Number6_
Project much?
Excellent job. "If I die my wife just gets the house probate free, we don't have to go to court for that" because clearly WE won't both be here!
We went to a lawyer an expensive one. She had us as tenants in common and any one else with a claim. I had her remove that last bit. This shows that just because you pay big money for a professional they dont always work in your best interest or know what they are doing. Called billable hours.
Next time seek an Escrow Officer.
I've had the same experience. Based on my experience as a legal secretary, I needed to have my lawyer correct some of the things in my divorce decree and other papers. If lawyers had the correct advice, they'd be out of a job. And this goes across the board.
Lawyers work in their own best interest ($$), your interests come second
Oh, I guarantee she knew what she was doing.
She was planning ahead to the day one of you die and she gets to help the survivor "fix it again."
@@mikejohn0088 Indeed. Called billable hours.
joint tenants with rights of survivorship
JTWROS
Just had that done with my father's house.
Yes indeed: Party 1 and Party 2, "As Joint Tenants With Full Rights of Survivorship"
My atty told me community property is what you want written out! That is what deal my husband and I made. No taxes, no probate. Our Lawyer drew it up. 😊
Yes that's what I have
When my husband and I bought our house, at the closing the attorney never nentioned anything about joint tenants with right of survivorship. I found out it wasn't filed like that when I went to probate after he passed away. Because of that, I must wait a year before it is solely mine to sell or whatever. Even though he left everything to me in his will. It would have been nice if we had been made aware of this in the beginning.
WOW. Thank You for sharing your experience.
It's a good thing that your husband had a will and left everything to you. Otherwise, if you went to probate court his worldly possessions would have been divided up "per stirpes" among you and his other family members and descendants.
Correct! ...THEY NEVER WANNA OFFER INFORMATION,OF WHATS RIGHT ,EVER...YOU MUST ASK AND FIND ANSWERS YOURSELF AND THAT IS WRONG WITH ALL THESE CONTRACTS AND LAW FIRMS... WE'RE ALL NOT IN PROFFESSIONS OF THE SAME,BUT IF THESE "SNEAKY ,SCANDALOUS FIRMS , AREN'T LOOKING OUT FOR THE PEOPLE... THERE'S NO REASON FOR THEM TO EXIST...THEY BECOME A PROBLEMATIC MESS,BY THEY'RE OWN FAULTS💯‼️NO HONEST WORKMANSHIP ,THAT MAKES THEM ,DECEITFUL,THEN YOUR WASTING YOUR PRECIOUS TIME ,HUNTING DOWN TRUTHS AGAIN...THAT MAKES THIS CORRUPT BUISNESSES💯‼️🔨✝️🙏 AMEN
that attorney saved you big bucks because it comes to you at the value it is now and if it was in joint tennent you would have to pay taxes on capital gain because it comes to you at what you and your husband paid for it when you bought it
@@charlesoswald602Hmmmm…even though it was in her name all along?
Thank u it's great advice. My mother never had a will drawn out so I got kicked out prior.its almost like my sister planned it this way. I didn't want to stand in their way either but it did shake me up.going back for even Christmas is tough..it's unfair that I've always been treated kind of like a servant.
thank you that was good information and we didn,t have to sit through a long winded ad from some other advertiser to finally get a small crumb of useless information we already knew , from ( other YT "law " channels).I liked and subbed,
In Florida we can draft an Enhanced Life Estate Deed aka a Lady Bird Deed. This passes your house upon death to the listed beneficiary without probate.
You can avoid probate if you put your property in a revocable trust
Am I THE ONLY ONE THAT THINKS PROBATE IS CORRUPT...LOOK AT THE WORDS...PROBATE! IT'S NOT UP FOR DEBATES ‼️💡🙄,LOSING ALL YOUR LOVED ONES BELONGINGS OR YOUR PARENTS THINGS THAT THEY WORKED THEIR WHOLE LIVES TO TAKE CARE OF YOU or THEY'RE CHILDREN,JUST FOR ,#1 ...TOO GET CAUGHT UP IN COURTS AND PROBATE LAWYERS TO PLAY GAMES👁️,THAT PLAY GAMES, AMONGST THE B.S., I'VE HEARD OUT OF THEY'RE MOUTHS👁️,YOU KNOW WHO YOU ARE✌️✝️ AND IT'S JUST TURNED INTO A BIG GAME OF CORRUPTION IN THE COURTS, UNNECESSARILY,MIND YOU...OVER MONEY AND ITEMS THAT BELONG TO THE FAMILY IN THE FIRST PLACE🔨✌️👁️GODS HAMMER ... THATS THE BOTTOM LINE...SO YOU CAN MAKE UP ALL THE B.S.LAWS YOU WANT ...YOUR GONNA FACE GODS LAW EVENTUALLY 🙏✝️MERCY ON YOUR SOULS💯‼️🇺🇸 AMEN 🙏⚖️
@@shadrach6299Not in all states.
@@shadrach6299a Lady Bird deed is more desirable in Florida because the property can have all the benefits of limiting taxes if you qualify as a resident and homestead the property. The tax increases by value cannot exceed 3% per year. Millage can rise by more but not assessed value. Revocable trusts have no such protection
I think thats what I have. I'm in SouthWest Florida. My Mom got the loan. I paid it off. We are listed as Co Owners. I better get my deeds out and check up on it. If not. Do I just need to go to the county courthouse to ad it?
You explained the terms "Joint-Tenancy" vs "Tenants in Common" so CLEARLY. I've read a few definitions of these terms and this is the first time it made sense to me. I wish you would write a real estate book. The 2 I've read are hideous in their explanations. Every page left me thinking, "What did that mean?"
Now I'm Confused. He said ... Joint Tenants. with Full Rights of Survivorship. You are saying... Joint-Tenancy? I'm going to watch it again.
@@BENJAMIN-zi4gv. I’m just going to remember JTWROS - Joint Tenants With Rights Of Survivorship
Great video!
Thank you for sharing this valuable information. 🙏🏾
GOOD Advise Thank you Very Much
Joint tenants- Good to know.
I'd ask a real lawyer. Don't trust these pit vipers on social media.
I would think the more important aspect is the following “with rights of survivorship”.
Short and sweet explanation. Love it. JTWROS is usually how I see it.
Now tell us how we get rid of property taxes
Simple, own nothing and you will be happy. That's what the head of the World Economic Forum says anyway and he's great friends with Bill Gates and a LOT of world leaders. I wish this was a joke.
Government theft!
Move to China. There you can't even own property, just lease from government.
Move to Afghanistan. or Mars. or Hell🖕.
property taxes are another word for rent. lifelong rent, that is. so it'll never go away.
Good to know. I bet a lot of people found this out the hard way.
Gratitudes !
Thanks for this info. Just a hint from someone who knows.
If your parents are divorced, or if one is dead, the second spouse (or side piece) can easily end up with everything that your parent thought would come to you.
Right to survivorship on bank accounts and property means if Your Parent dies before the side piece, the side piece gets everything.
If your dad thinks the stepmother will give you your dad's stuff, he's probably a fool.
(I got a radio, a tee shirt from MY college, and a novelty gift I had given my dad.)
Make sure your stuff is going where you want it to go !
This happened to a friend’s daughter-the friend’s ex did not have his will worded properly and when he died his girlfriend of a few years and her two daughters ended up with all of his money while his daughter got nothing. The other three ended up with new cars while this poor girl struggled through college driving a broken down clunker. The girlfriend never gave his daughter a cent.
words of art
Good information, thank you!
Thanks for sharing.
Thanks I never knew this great information!
What if the parent says the house goes to the child, and puts their name on the deed?
It should be made clear that the vesting language on a Deed depends on the state. In Virginia, married couples hold title as "tenants by the entirety" with the full common law right of survivorship. Not "joint tenants.". Improper vesting on a Deed an have drastic unanticipated consequences.
I just checked my deed in NJ we we just had a law firm do this past January and it does not say those 2 words.
@@jvh8806 Call that law firm and have a talk with them.
Thank you, good information to know!
Thank you for this..Thank you...
Thank you.
Thanks very much.
Amen to you brother
Great advice.
This depends on which state you live in!
But I don’t have a house not even a flat not even a room that belongs to me 😂😂😂😂 but I do understand what your saying Thankyou so much that’s so good to know 😊
thank you
Create a Family Trust (or the American equivalent) anybody with anything does it to prevent direct association, unnecessary transfers or taxation fees or property seizures, leans or asset taxes. You become trustees of the trust and there is no ownership transfer.
Effectively it's like an asset holding company and you're on the board of directors along with others usually family members to prevent you being a sole owner/operator.
How do you think the rich keep what they've got, reduce taxes and legal liability on assets they perhaps cant afford upon a death?
Can you trust who does the paperwork? My Mother had one drawn up come to find out it was done wrong and she was never protected. Found this out years later by another attorney for something totally different.
Thank You For Sharing 🇺🇸 👀 🤔
In Florida all you have to do in the the deed is mentione husband and wife or married couple and it’s presumed that it’s meant to be in an estate by the entireties or joint tennis with right survivorship.
The home i bought had a 1/8th ownership to the daughter of the wife that pre deacesed her husband. It never went to probate after she died and it was found during refinancing. My title insurance bought her share and deeded it to me at no charge.
I'm thinking that the term "refinancing" is the important word here - your title insurance company was the one you used when you made the original purchase ? Correct ? If so, they were simply fixing their own mistake not doing you any favors - they would have had no choice in the matter. Scenarios like that are why you buy title insurance.
Titling companies are at fault in most cases, but you must sue them last, realtor first, then broker, then titling comp, after losing your ass, NWO ain't it great
That’s why you buy title insurance. Someone wasn’t looking closely at the prior deed.
@@mominthe209 the title comp admitted it, title ins was bought, as with anything else in the US, the payer is the ultimate loser
I have a deed as Joint Tenants with right of survivorship (JTROS), with an ex-fiancé (of 15 years). We broke up, he married, and later died. We never changed the paperwork, but on his deathbed he did quitclaim deed his portion (mistakenly(?) between me and his wife - which now equates to me 75%, and her 25%). We are in the thick of a legal battle now. Unfortunately, she has ruined the house and still lives there today.
Very useful. Mine says Husband and Wife as Joint Tenants.
What happens in the even of a divorce? There might be different Husband and Wife. I think your names need to be on the deed. Not status. He said Their names as Joint Tenants, with Full Rights of Survivorship
Research COMMON LAW people.
Warrant and Defend
Nope: Numerous estate lawyers have said "That is not how it works in the real world, joint ownership is joint ownership and right of survivorship is automatically there!"
You do not need probate for that in the real world.
This sounds like a "You need to fix the law!" issue and not a "You made a mistake!" issue.
My partner and I owed six lots in Elizabethtown NM. We completed and submitted the new deed as joint tenants. He died two years ago so I drove, from CA, to NM with his death certificate. I was then informed that we were listed as equal owners and that I would need to go through probate. I said no a mistake has been made on the part of the assessor as our paperwork has us listed as joint tenants. Well, our cabin was broke into and our safe with the paperwork was stolen. I spoke with the Probate judge who stated that we would have to go through probate. He suggested I contact the district judge to see if he would let me be the inheritor due to our long relationship. I have not pursued this yet. Obviously, along with his death, this has caused considerable stress for me.
Simply add "and not as tenants in common" after joint tenants.
@@Jeffreymart Smoking a common joint
Learned this many years ago in real estate law. Went to the bank and gad to explain what JTWROS meant.
Tenants in common or joint tenants - still tenants, meaning you don’t own the house. The state owns it. Annual tax is your rent payment. Put it in the Trust to avoid probate. When you die Trust lives.
Well now, I haven’t yet looked at our deed as it’s late now. I’ll do it tomorrow.
How do I get it changed if it’s not how you said it should read?
Thank you for sharing your most important knowledge!
Will go back and check what the attorney did when changing our place from Mom's which was in a trust to us 3 children(grown). So not sure if I should put my 1/3 into a trust so if I pass will go to my 2 children..
Wish I could get the land patent on my property here in Oklahoma
The properties I own I bought from our state in auctions. I got a patent for the land. I also am the first private owner of those properties.
Tenancy by the entirety in Florida is a form of joint ownership that protects property from creditors of either spouse. With tenants by entireties, both spouses own an undivided interest in 100% of the property. If either spouse dies, the surviving spouse inherits full ownership of tenants by entireties assets.
Joint tenants
So all this is about 'Property/Real Estate Deeds of Ownership' yet the Supposed Owners of the Property are listed as Tenants or Joint Tenants rather than 'Owners' Hmmmmm....
Makes you wonder if they're really Owners of the Property or just 'Renters/Tenants'!? 🤔
Great advice 💯 but is this in every state or where??
what haens if it is in a trust
I also assume that by being joint tenants (with survivorship) you avoid estate taxes on the house. Whereas if it was considered as part of a taxable estate my wife (for example) would suddenly be on the hook for taxes based on the the value of my half of the house. is that correct?
If 2 Siblings own the SAME Property..I think it would be "Tennants in Common"... Correct.???... I DON'T WANT MY HALF TO GO TO HIM... I have my OWN Beneficiary... ✌️❤️😎👍
If you are a tenant you are RENTING you do not own it.
What if deed says daughter owns at my demise?
Is it to late to have the Joint Tennantcy done to our dee??
Bought the house w/ cash some yrs ago using our friend that was a realtor. Both names of g/f was put on it but Joint Tennantcy was not mentioned at all. What is all involved to have this done??? Thx so much.
In a community property state, the deed says "husband and wife". Is this the same as "joint tenants with rights of survivorship"?
In Australia the wording is tennants in common.
Why husband 50 and wife 50? Can you explain why?
If there are joint tenants, do they both (all) have to sign to sell the property?
Why can't it be written plain English: "The Survivor will own the property?"
How is that different from tenancy by the entirety?
I was licensed to sell real estate in both North Carolina and Virginia. Whatever ever happened to a married couple being TENANTS IN THE ENTIRETY
I’ve gone through probate 2 times & still fighting with Wells Fargo over my dad’s house. The deed was done 2019 & they were ordered to turn the note over but they never did! It’s been a nightmare! Here the house should have been paid off by their insurance company w/ credit life at the very beginning! I’m so pissed! 😡
Can you gave 3 people listed as Joint Tenants with rights of survivorship?
How do you get the right attorney and when do you know you need the attorney?
Hi I own my house out right paid off in my name alone, I create a Quick Claim Deed to my two girls(children) when I die, will this hold up whereby they can just go and record the deed? TIA
Is this just for Minnesota? Or other states too?
What about “Tenants by the Entirety “ for married couples?
I've heard/read that if you're listed as a "tenant" on your deed, and not an "owner," you legally do NOT own the property. You are, in fact, a tenant (renter), despite even paying off the mortgage. True or false?
IS THIS SITUATION THAT YOU QUOTE, THE SAME IN THE UK ?
Many deeds aren't signed by the grantees. In Texas, to create a survivorship, both / all grantees must sign.
I owned my house when my wife and I were married in 2017 In Texas. Subsequently I added a TOD to the deed with the idea that it would cause the property to bypass probate. I did the same will all bank and brokerage account add POD provisions. Lastly all vehicles have TODs. It there any disadvantage or flaw in this approach. We do have wills, advanced directives, etc. My only heirs are a sister and nephew who are doing well. My wife could manage on her own without me or my estate though my pension income would cease, which I why I want her to have the house and monies to maintain her lifestyle if I predecess her. With the PODs and TODs, there isn't enough items of value to be concerned with.
How do you OWN something If you Are a Tenant. which is a Renter???
Renter is the most common usage today, but it’s not the only usage. It can also refer to someone with the right to live in a specific property due to possession of title of that property. So, it can also refer to people who own a property, as it does on a deed.
You dont own it stop paying your property tax and the real owner will come knocking
Or be a victim of deed/title fraud, predatory lending, you will own nothing
@@user-xc7iq4cm8t But you do own your shot gun. Don't you?
I used a lawyer 30 years ago it's still screwed up, I sold a house lawyer fd' it up
What if a parent puts up the down payment on a child's new home with the intention of living there also, how does that work? Hopefully the parent will pass first. Does this create a problem?
I heard something about medicare & Cal ( state I live in currently ) could try to take the house as payment ? Anyone heard of this and if so how to avoid it?
I don't think medicare would or could do that, but medicaid is a whole 'nother evil.
I see lots of questions but no answers. I've asked a couple too. Your is a important question. I hope someone answers you. Because i need to know that too. I am my 88 year old moms caregiver. We are co-owners. She got the loan. I paid for everything. It's now paid off. I don't want the government taking My Money. I'm hoping if you get a answer. Since I commented too. I will get notified. Good luck
@@BENJAMIN-zi4gvif it’s paid off, as a minimum you should have your mom add your name to the title. Especially while she is in good cognitive health. Pronto,
joint tenants. not applicable if u r sole owner. bill of sale is insufficient for real estate or vehicles. of course u must get title! eziest way is to have owner (if it is owned outright) sign a quit claim deed over to u at time of sale, in front of notary that is notarizing it. buyer gets deed, seller gets money. if it is mortgaged u best get a title company & buy title insurance.
Very Good!... #231 {5-10-2024}
In a community property state, you might not be able joint tenancy?
Community property states typically offer a few options for married couples to choose when deeding a property. In California, for instance, you can choose Joint Tenancy. But you can also choose from other options, such as Community Property with Right of Survivorship. Are you aware of a community property state that doesn’t have deeding options? Genuinely curious. Thanks!
Where is this channel from?
Is he talking about USA or Canada?
If you have a spouse...Joint Tenants...
I need a referrals for my husband and I. We have no children. We are retired. We live in Texas.
Even if there is no spouse, and house will be left to the offspring, who do not live there, should it still say “joint tenancy”?
I don't think I have this on my Home Owner documents. How do I go about doing it? My name and Moms Name are listed as Co-owners. She got the loan which is now paid off. I paid it off. She's 88 I'm 61. I remember signing something saying. If one dies the other assumes sole ownership
What about life estate?
I am a widower and I do have a mortgage with only my name on it. Could I add my son on my deed as a tenant so if I die would he be able to take over the house payments without me having to redo a loan to have his name added thank you
can you just sign a "quit claim" and keep it until needed?
Generally yes but will need to file it of record.
JTWROS joint tenants with right of survivorship
What can you tell people about something called allodial title
If this is not on our deed, how do we change it? Or can we change the deed?
Go to a title company and ask them.
I got my deed out and it does have this phrase in it!
I don't know what America does but you cannot have a DIY title deed any title must be registered with the land titles office and the tenant in common or joint is for mortgage purposes so they know what the mortgage was put under since with tenant in common if it goes belly up they can only take that person's share of any proceeds where if joint the both are equally liable for discharge of debt
how is a Tennant an owner?
Hello - Is this the rule in each of the 50 states ? I thought each state had their own rules for deeds. Thanks
You are correct. You need to check the rules/laws of your state.
Stupid, but true. In my opinion real estate law should be the same in all states.
As the old saying goes: "He who represents himself has a fool for a client."
I thought the county creates deeds.How should I proceed? I don't have any debt on my domicile.
File a REGISTERED deed (you can get a template off Internet) in your local Registry of Deeds. Or pay a trustworthy lawyer. Don’t do a quitclaim deed. Houses are being stolen b/c the wrong documents were filed when they bought, they were misled on the term as of their mortgage. Your home is paid for. Protect it!