Renunciation And Disclaimer of Joint Tenant or Tenancy Interest - Wisconsin 2025

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Risks And Dangers of Joint Tenancy With Right of Survivorship. There are drawbacks to a JTWROS arrangement, including inflexibility. If one co-owner wishes to sell their share, it may dissolve the arrangement, Shirshikov says. Additionally, creditors of one owner can pursue the property, impacting all co-owners.
In community property states like Wisconsin, married couples are allowed to have property as survivorship marital property or community property with right of survivorship. What this means is, if one spouse passes away the remaining spouse is to receive the dead spouses half of the marital property.
On the death of one of 2 joint tenants, the survivor becomes the sole owner; on the death of one of 3 or more joint tenants, the survivors are joint tenants of the entire interest.
Joint tenants have an equal share in the ownership of an asset. If a joint tenant dies, the other tenant (or tenants) has a right of survivorship. The deceased tenants interest is not an asset of their estate.
Upon the death of a joint tenant, a surviving joint tenant may disclaim any property that would otherwise accrue to him or her by right of survivorship and that is the subject of the joint tenancy by delivering a written instrument of disclaimer under this section.
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Thus, a surviving joint tenant may disclaim the one-half survivorship interest in property that the joint tenant held either in joint tenancy with right of survivorship or in tenancy by the entirety, within 9 months of the death of the first joint tenant to die.

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