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Feb 18, 2015

Does Joint Ownership Avoid Probate?

Not really. Using joint ownership usually just postpones probate. With most jointly owned assets, when one owner passes away, full ownership does transfer to the surviving owner without probate. But if that owner passes away without adding a new joint owner, or if both owners pass away at the same time, the asset must be probated before it can go to the heirs.
 
Watch out for other problems. When you add a co-owner, you lose control. Your chances of being named in a lawsuit and of losing the asset to a creditor are increased. There could be gift and/or income tax problems. And since a will does not control most jointly owned assets, you could disinherit your family.
 
With some assets, especially real estate, all owners must sign to sell or refinance. So if a co-owner becomes incapacitated, you could find yourself with a new “co-owner”—the court—even if the incapacitated owner is your spouse.

Categories: Estate Planning

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My name is Diana Hale, and I serve families and business owners in Denver, Colorado Springs, and the surrounding metro areas.

2000 S. Colorado Blvd.
Tower One, Suite 2000
Denver, CO 80222
Dir.: (720) 739-1799
Fax.: (888) 552-6580
Diana@HaleEstatePlanning.com

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2000 S. Colorado Blvd., Tower One, Suite 2000 | Denver, CO 80222
800-686-0168 | 720-739-1799 | 719-623-5822

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This website includes general information about estate planning, probate, and business law. These materials are for informational purposes only. They are not intended to be legal advice regarding any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice regarding your specific legal issues.