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Survivorship deeds are common estate planning toolsand for good reason. With a survivorship deed, when one co-owner passes away, the property title transfers to the surviving co-owners without the need for probate, which can be a time-consuming and somewhat complicated process.
The survivor becomes the legal owner of the whole of the property without need for further documentation and any further sale or dealings with the title can be made by him or her without obtaining Probate to the deceased owners estate, and the survivor is solely entitled to the proceeds of sale.
South Carolina does not allow real estate to be transferred with transfer-on-death deeds.
(1) Unless otherwise provided in the instrument creating the survivorship tenancy, each of the survivorship tenants has an equal right to share in the use, occupancy, and profits, and each of the survivorship tenants is subject to a proportionate share of the costs related to the ownership and use of the real property
A survivorship deed is a deed conveying title to real estate into the names of two or more persons as joint tenants with rights of survivorship. Upon the death of one owner, the property passes to and vests in the name of the surviving owner or owners.
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The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.
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.
When a property is owned by two or more people as joint tenants and one owner dies, the ownership of the property will automatically pass to the surviving owner(s). This is called the right of survivorship.
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.
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.

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