Queens New York Affidavit of Death of Joint Tenant by Surviving Joint Tenant

State:
Multi-State
County:
Queens
Control #:
US-02501-A
Format:
Word; 
Rich Text
Instant download

Description

Affiant states within the heirship affidavit that he/she was personally well acquainted with the named decedent during his/her lifetime. Affiant further states that he/she was well acquainted with the family and near relatives of the decedent. The affidavit also lists a series of questions that the affiant agrees to answer. The document is required to be signed by the affiant before a notary public.
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FAQ

A joint tenant with the right of survivorship is a legal ownership structure involving two or more parties for an account or another asset. Each tenant has an equal right to the account's assets and is afforded survivorship rights if the other account holder(s) dies.

If one of two owners of property held in a JTWROS dies, ownership is transferred automatically to the remaining owner. This is called a right of survivorship. Unlike a tenancy in common, a co-owner cannot transfer their interest in property owned subject to a right of survivorship without destroying the right.

Probate is usually not required to deal with property owned jointly as joint tenants, whereas it may be required to deal with property owned as tenants in common.

However, it also poses certain risks. Key Characteristics. Joint tenancy is most associated with its right of survivorship.Advantages.Ability to Avoid Probate.Rights to Rent and Profits.Right to Survivorship.Disadvantages.Exposure to Creditors.More Responsibility.

The dangers of joint tenancy include the following: Danger #1: Only delays probate.Danger #2: Probate when both owners die together.Danger #3: Unintentional disinheriting.Danger #4: Gift taxes.Danger #5: Loss of income tax benefits.Danger #6: Right to sell or encumber.Danger #7: Financial problems.

Joint Tenancy When a joint tenant dies, his or her interest in the property is terminated, and the estate continues in the survivor or survivors.

HOW DO I RECORD AN AFFIDAVIT? Take a certified copy of the death certificate of the deceased joint tenant and your affidavit to the recorder's office in the county where the real property is located. The recorder's office also requires a Preliminary Change of Ownership Report (PCOR) when filing the affidavit.

This is the main difference between these two kinds of tenancy. In tenancy in common, the death of one of the parties shall have the effect of transferring the rights of the decedent tenant in favor of his heirs. In joint tenancy, the parties enjoy the right of survivorship.

The Trustee should include the following information in the notification package: The name of the Grantor and the date that the trust instrument execution date. Contact information for each Trustee, including name, address, county of residence, and phone number. Certified copy of the death certificate of the Grantor.

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Queens New York Affidavit of Death of Joint Tenant by Surviving Joint Tenant