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Does it make a difference how a title is held after a transfer? For example, is Tennancy in Common different from Joint Tennants with Right of Survivorship or from an undivided XX% interest? I'm only thinking of the impact on gifting.


Property held as tenants-in-common (TIC) is controlled by testamentary documents. Property with survivorship rights (JTWROS) or between married people, tenancy-by-the-entireties, passes to the joint tenant by operation of law, outside of probate, and is unaffected by testamentary documents. For gifting purposes the TIC interest may be any fractional amount the donor wishes. I hope this helps but please email any additional concerns.


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