[caps620]

My father passed away in 2010. His will divided all his assets evenly between my brother and I. This includes a house with no liens. To date we never changed the deed over to our names. What type of tenancy classification is this considered, tenancy in common or joint tenancy? My fathers will does not specify this, it just states we get equal shares. This is in New Jersey.

Thanks, Join

[AK lawyer]

It would be tenancy in common if not specified otherwise.

You probably should file with the probate court. Many people seem to assume that if they are left property in a will that is all that need to be done. Not so. Distribution of real property pursuant to a will is not automatic. A will needs to be submitted to probate to be effective. Creditors of the decedent need to be paid, for one thing.

When this happens, the personal representative may, if you wish, transfer the will to both of you as joint tenants with right of survivorship. Check with an attorney, however, because in at least one state of which I am aware, JTWROS is not allowed except for husband and wife.

[ScottGem]

The choice is yours in most places. The advantage of JTWROS is that ownership passes outside the decedent's estate. So the survivor simply needs to show a death certificate to have the deed changed. Tenancy in common means that each share would pass to the decedent's estate.