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[Music].welcome back I'm Greg with the Ashcraft.firm and I'm an estate planning attorney.and over the last couple of weeks we've.talked about two of the ways to pass.property at time of death and this week.we're going to talk about the third way.to pass property at time of death so.week one we talked about a state and how.if you do nothing your property will.pass through probate and we talked about.the pros and cons of that and then we -.we talked about passing property by.contract and we talked about the pros.and cons of passing property that way.and then this week we're going to be.talking about the pros and cons of.passing property through joint tenancy.so what do we actually mean when we're.saying we're passing property by joint.tenancy so usually this phrase is.actually used in deeds and joint tenancy.is shorthand for joint tenancy with.right of survivorship and this is the.other way to hold property rather than.tenants in common so typically you.either hold it sole and separate you.hold property just by yourself.or you hold property as tenants in.common or you hold property in joint.tenancy so if you're holding property.with more than one person you either.have to hold it and enjoy tenancy or.tenancy in common so if you hold the.property as tenants in common then that.means that you just own a percentage of.the property in the same way you would.as separate property meaning like let's.say we hold the property 50/50 as.tenants in common so let's say my my.wife and I hold our property as tenants.in common 50/50 if I have 50% of the.property and if I pass away then that.50% of property that's held as tenants.in common we'll pass through probate.okay so I hold that property I can.actually make agreements with people.where when I pass away I pass my tenant.in common share to anyone it doesn't.have to go to somebody automatically.who's on the deed so I could I could.write in a will for instance I could say.my tenant in common share of my house.that I hold jointly with my with my wife.as tenants in common that I give that.property to my son or something like.that when you hold property in joint.tenancy with right of survivorship then.you can actually so if I hold property.with my wife like my my house if I hold.that as joint tenants with my spouse.then when I pass away it automatically.passes to my spouse and so those are.some of the pros some of the pros of.this if you pass property that way it's.automatic okay so let's say we hold.property as joint tenants my wife and I.and then I pass away all she has to do.is file an affidavit of death of joint.tenant with the County Recorder where we.held that real property and then she.automatically becomes the sole owner of.that property and this avoids probate so.so those are some of the the good parts.of passing property in that way but.there are lots of downsides to passing.property in that manner so first we.can't really name a contingent.beneficiary so we can't say unless we.just keep adding people as joint tenants.on our property so let's say that after.my spouse passes away I want my children.to inherit that property the only way to.make them contingent beneficiaries is.really to add them on to the deed as.joint tenants so then we all own this.property as joint tenants then we have.lifetime problems so the next downside.of holding property this way is you're.no longer in control so let's say that.we did want to name our children as.contingent beneficiaries after my my.spouse and I pass away.and so we add them all on to the deed.now we're not we're no longer in control.of our property so now when we want to.sell that property we have to get them.to write to sign off on the sale now.while while you're while you have your.wits about you or while you're still.young this may not be an issue to you.because your kids are gonna sign off on.it they write like they're gonna they're.gonna consent to whatever kind of sale.you have but as you get older your kids.are gonna think that they know what's.best for you and then so then you're.losing that element of control that you.have over that property so that's one of.the other downsides of holding property.as joint tenants if you are putting your.kids on your deed or something like that.or if let's say you hold your bank.account jointly so this doesn't just.have to do with deeds and real property.you can hold your bank accounts in joint.tenancy as well and if you do that.you're no longer in control let's say.that you're your child who you've put on.your bank account is a joint tenant now.falls into financial problems let's say.they started a business and the business.failed and now they have creditors.coming after them now they can come.after your assets as well because you.hold those property net property jointly.they can go after your property now too.so those are some of the issues that.come with holding property as joint.tenants and then finally one of the.problems that you're trying to avoid is.the cost and time associated with.probate when you hold property this way.and so a lot of people actually they.don't hold properties joint tenants I.want to step back and address the issue.of just deeding your property over to.those people that you want to inherit.the property anyway some people go that.way instead of other methods of.transferring property so they don't wait.till they pass away they just give the.property.while they're living that's a that's.essentially what you're doing when you.hold property as joint tenants you're.giving a property right in that property.while you're living and so there are.lots of tax consequences with either.just deeding a property over outright or.holding property as joint tenants and.I'm going to go over what some of those.tax consequences are and really I need.to do that by drawing it out for you all.right so I've drawn up here the tax.consequences of joint tenancy or gifting.property while you're still live so.they're really the same tax consequences.so I wanted to talk to you about it.together because a lot of people think.that it's a good idea just to give away.their property while they're living then.they don't have to go through the whole.process of probate and things like that.there are major tax consequences to.passing your property that way or by.holding property as joint tenants and I.want to show you what those are okay so.let's say and this applies to any type.of property that increases in value but.I'm doing it I'm showing you this this.house okay so let's say we purchased the.house let's say we purchased the house.in 1990 at $100,000 and let's say that.that increased to today in 2017 let's.say that increased to $300,000 so this.hundred thousand dollars is our tax.basis so there are things you can do.with your taxes that will make the tax.basis either increase or shrink but for.the reasons of keeping everything simple.let's just say you didn't do any of.those things you didn't make it increase.or decrease so now your tax basis is a.hundred thousand dollars when this house.increases two hundred thousand dollars.in value to three hundred thousand.dollars now if you sold the property.let's say you're you're not passing the.property at all but let's say you sold.your own property you're going to have.to pay capital gains tax on all of this.and so that capital gains tax on the two.hundred thousand it used to be the long.term.little gains tax was a simple 15 percent.across-the-board now it can go up to 2.23.8% this is federal and then you can.add at least another 9% on that for the.state of California so that's a at least.a quarter of this is going to be taxed.is going to be the tax that you pay so.if that's a quarter of two hundred.thousand then we're talking about 50.thousand dollars here now if you add.your child on to your deed now we have.already talked about all the other.downfalls of adding your child to your.deed but let's say you add your child on.to your deed and they don't have any.financial problems they didn't hold it.over you while you're a living they let.you sell property that you need it to.and things like that let's say all of.that was fine.now you pass away and when you pass that.property is worth $300,000 it hasn't.gone up any and now they turn around and.sell it they're going to be paying tax.on this $200,000 as if it's increase.they're gonna pay capital gains tax on.that on that property and this is true.of any property when they sell that when.they liquidate that property they're.gonna be paying the tax on that so it's.going to cost them fifty thousand plus.in this scenario to pay the taxes on.that now let's talk about passing.property at death.so let's look down here so let's say.instead of passing the property either.during your lifetime or passing property.through joint tenancy let's say instead.you pass property through a will or a.trust now it's still true that if you if.you're selling property yourself like.you haven't passed away.we're in 2017 here so you purchase the.property in 1994 a hundred thousand.dollars same facts is here and then in.the year 2017 it's worth three hundred.thousand dollars which is that's not.outside of their own possibility that.that happens a lot of those types of.increases now let's say that you sold.that property then you would be.subjected to that tax on the two hundred.thousand dollars as if as if it's an.increase now you may be thinking well.I've sold my primary residence before.and I didn't pay a big load of capital.gains tax there are ways that the the.owner of a primary residence can avoid.these types of taxes so that's why you.didn't pay the tax if it was your.primary residence now if it was a rental.property or something like that an.investment property you did pay taxes on.that if you sold it however if you put.your kids on your deed as joint tenants.or you gifted the property while you're.alive your kid is not the owner of this.property and can't avoid these taxes.however if you give in a will or trust.and you pass away and they inherit that.property then they get what they call a.step-up in basis to the date of death so.the time that you passed away let's say.it was worth three hundred thousand.dollars still and it didn't increase in.value at all and your kids turn around.and sell it the next day they pay.instead of fifty plus fifty thousand.dollars plus they pay nothing in taxes.in capital gains tax so it pays to pass.your property through a will or trust.here's the problem though if you.remember from week one a will goes.through probate but next week we're.going to talk about how a trust can.avoid probate and avoid these negative.tax ramifications so let me just recap.everything that we talked about earlier.the pros of joint tenancy are one that.it's automatic as soon as somebody.passes the other joint tenant becomes.the owner of that property and because.of that - it avoids probate now the.downsides of holding property and joint.tenancy are that you can't create any.contingent beneficiaries and if you keep.adding on joint tenants then you lose.more and more control because they all.have to consent over anything you do.with that property now third you've done.all this joint tenancy maneuvering to.avoid all the fees that are associated.with probate oversight however you're.probably going to end up paying more in.taxes in the long run so I hope you.enjoyed watching this video and if.you're interested in hearing when the.fourth and final video goes live you can.fill out your name and email address.there's gonna be a pop-up that comes up.after this video and then we will tell.you when that goes live thanks again for.watching.[Music].

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Affidavit Of Surviving Joint Tenantoklahoma Form FAQs

Locate answers to questions about Affidavit Of Surviving Joint Tenantoklahoma Form . Get the most frequently topics and more.

Need help? Contact support

If someone gives the wrong date of birth while filling out the NDA form, can it be corrected at the time of SSB by an affidavit or something?

Yes bro it can be, but for that u have to request upsc for that. You have to send an email or you have to go personally there. But as per my experience they will not allow you to appear in sab.

How can I fill out Google's intern host matching form to optimize my chances of receiving a match?

I was selected for a summer internship 2016. I tried to be very open while filling the preference form: I choose many products as my favorite products and I said I'm open about the team I want to join. I even was very open in the location and start date to get host matching interviews (I negotiated the start date in the interview until both me and my host were happy.) You could ask your recruiter to review your form (there are very cool and could help you a lot since they have a bigger experience). Do a search on the potential team. Before the interviews, try to find smart question that you are Continue Reading

How do I fill up a form for a new joint account of SBI?

For a New Joint Account of SBI: Visit the SBI Branch ask form for joint account so for these you need to fill up two form one is CIF(customer information file) and the second is Account opening form(AOF). So, you are asking for joint account you need to fill two account opening forms.

How should a petitioner fill in Part 5 Household Size of the form I-864 Affidavit of support if he would like to sponsor 2 principal immigrants at the same time? Each family has 4 members.

Each principal beneficiary (and their family) is petitioned with a separate I-130 petition, and each I-130 petition has a separate I-864 Affidavit of Support. Each family’s I-864 does not count the other family in the “family members” in Part 3 (note that it says “Do not include any relative listed on a separate visa petition.”). If the two I-864s are filed at the same time for the two families, then each family’s I-864’s household size (Part 5) would just count the number of people immigrating in that family, which is 4 (item 1), the petitioner (item 2), and the petitioner’s spouse (item 3), dependent children (item 4), and other tax dependents (item 5), if there are any. It would not count anyone from the other family. On the other hand, if one I-864 is filed for one family, and that family has already immigrated before the second I-864 is filed for the other family, then the first family’s members will need to be counted in Part 5 item 6 (people sponsored on Form I-864 who are now lawful permanent residents) for the second family’s I-864.

Does an affidavit of heirship transfer title?

It’s likely that the child would need to file a claim in the appropriate probate court; this is a question best addressed directly to a trusts & estates lawyer in the jurisdiction, not as a general question on Quora.

Who fills out an affidavit of heirship?

It’s likely that the child would need to file a claim in the appropriate probate court; this is a question best addressed directly to a trusts & estates lawyer in the jurisdiction, not as a general question on Quora.

What is an affidavit of inheritance?

You probably can't use the Small Estate Affidavit procedure. File a probate petition by researching it and filing in pro per. (You can ask the court to authorize payment to you for your services as part of the final distribution.) There are ways to handle money going to missing heirs, like trust accounts or escheat, but that shouldn't hold up everyone else's money. It's nothing you can't handle if you take your time and do the study.

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