| Alan R. Horvath, Attorney at Law |
| Frequently Asked Trust Questions |
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
What Happens When You Put Joint Tenancy Property Into a Trust?
You shouldn't.
If you are setting up a revocable living trust, then it would be normal to have the trust govern the distribution of
your property upon your death.
Joint tenancy is a provision that automatically transfers ownership to a surviving joint tenant upon the death of the
other joint tenant. Thus on the death of one joint tenant, the property automatically goes to the other. It would not
matter what your trust said.
Typically, the property owned by a married couple is placed into a trust with ownership held by the trustee. The
property is identified to the trustee as either community property or separate property and the trust includes
instructions to the trustee as to its distribution upon death. The trustee is able to make the distributions directed
only because the property is legally held by him.
You shouldn't.
If you are setting up a revocable living trust, then it would be normal to have the trust govern the distribution of
your property upon your death.
Joint tenancy is a provision that automatically transfers ownership to a surviving joint tenant upon the death of the
other joint tenant. Thus on the death of one joint tenant, the property automatically goes to the other. It would not
matter what your trust said.
Typically, the property owned by a married couple is placed into a trust with ownership held by the trustee. The
property is identified to the trustee as either community property or separate property and the trust includes
instructions to the trustee as to its distribution upon death. The trustee is able to make the distributions directed
only because the property is legally held by him.
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