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Although tenancy in common interests are available to satisfy a decedent's creditors, a creditor must execute on property held in joint tenancy during the lifetime of the debtor or the surviving joint tenant will be entitled to the property free from creditors' claims. By contrast, joint tenancy provides the surviving joint tenant with a date of death value basis only for the decedent's half interest in the jointly owned property. Often, the residence is held in joint tenancy or in a tenancy by the entirety, in which case the residence would not pass under the will but rather would pass to the remaining joint tenant under operation of law. |
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joint tenant