Property Ownership

JOINT OWNERSHIP OF PROPERTY IN JACKSON COUNTY, OR

Lawyer with client — Attorney in Medford, OR
One of the first steps used by married couples who intend to leave their property to each other is the use of joint ownership of property with right of survivorship. When property is held jointly with right of survivorship, the property automatically transfers to the surviving spouse upon the death of the other spouse. 

The law of joint ownership supercedes any instructions in other estate planning documents such as a will or trust. Since the property has passed to the surviving spouse, there are no issues with ownership of property until the death of the surviving spouse. At that time, the surviving spouse's estate will need to go through a legal process known as probate, to transfer the property as instructed under a will, or, in the absence of a will, pursuant to intestate succession. Intestate succession means that statutory law will determine how property will be distributed.
Lawyer with client — Attorney in Medford, OR
One of the first steps used by married couples who intend to leave their property to each other is the use of joint ownership of property with right of survivorship. When property is held jointly with right of survivorship, the property automatically transfers to the surviving spouse upon the death of the other spouse. 

The law of joint ownership supercedes any instructions in other estate planning documents such as a will or trust. Since the property has passed to the surviving spouse, there are no issues with ownership of property until the death of the surviving spouse. At that time, the surviving spouse's estate will need to go through a legal process known as probate, to transfer the property as instructed under a will, or, in the absence of a will, pursuant to intestate succession. Intestate succession means that statutory law will determine how property will be distributed.
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