Although joint tenancy with rights of survivorship may be one of the oldest forms of concurrent tenancies, dating back as far as the 1300’s, the tenancy in common was recognized in the English courts during the 14th century as well.[1]
Reflecting back, consider that holding property by “tenancy in common” dates back to the Hundred Years War, the life of St. Joan of Arc; during a time when Dante (Divine Comedy, La Vito Nova), Chaucer (The

To solve the riddle of whether a Trust can be a joint tenant comes down to the inquiry as to whether a “trust” (1) is a “person”; and, (2) can a trust “die” giving rise to a right of survivorship.

So, why not offer “forgiveness” through the provisions in a Will or Trust? If a person is simply unable to make amends while living, then why not at least seek reconciliation, and offer or receive forgiveness at the time of death.

No doubt as a matter of public policy, having a pre-mortem probate and trust statute would support a Settlor/Testator’s investment backed expectation (under a theory of freedom of contract) that his or her estate is not going to be eaten away by scavengers after his death, who seek only to obtain a settlement from litigation or fees, because Settlors/Testators would know that their testamentary dispositions cannot be challenged after they die. Likewise, a law like Alaska or Delaware’s permitting pre-mortem actions, would be socially useful insofar as it would have a deterrant effect on litigation and threats of litigation since a Settlor/Testator could simply file a pre-mortem action to resolve any conflict.

Suffice to say that in the last year and as of late, the estate or death tax has been on the minds of many estate planners, accountants, and financial planners. Accordingly, as of December 17, 2010, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, has made the estate tax go away for most estates considering that the estate tax exemption for a single person is now 5 million dollars. To the extent that planning can be done, a married couple can utilize a credit shelter trust to pass on to their heirs up to 10 million dollars. This assumes however that a trust

Estate planning is as unique to every person as is our fingerprints. Since “one size does not fit all”, an estate plan for each person starts with a person having an epiphany: We realize that (1) death is certain (2) taxes are certain (3) incapacity is a very real possibility and (4) our financial holdings and estate will change hands some day at a significant cost .

Most people understand that by making a donation to a non-profit (tax exempt) corporation (generally a 501(c)(3)), one can receive a deduction in their income taxes for the taxable year in which the donation was made. But, what many people do not understand are the complexities of what is typically called “planned giving.” In this context, planned giving can take on many different methods and strategies that have similar objectives including: (1) to create a charitable legacy (2) possibly to reduce income and estate taxes, and (3) to further a particular cause of great personal importance.

What’s mine is mine and what’s your’s is mine
Next to domestic relations law (divorce work), it seems that probate work  runs a close second for the amount of seriously disturbing litigation that occurs between family members. 
Lets face it: Many people have an “expectation of entitlement” to receive an inheritance.  This is seen time and again when a family member says, ”when do I get my share?”  The fact of the matter though is this: No person has

Is your pet important to you?
 My children continue to ask me when they are going to get a puppy.  I keep telling them, “When you are ready, we will buy the right puppy.”  Certainly, we will be “ready for a puppy” when the children demonstrate some level of understanding the responsibility needed to care for an animal.
Your Pet may be Part of your family
Recently, in a legal guide I wrote on AVVO.com, which gives an

Joint Tenancy is not the Estate Planning Holy Grail
Joint Tenancy is truly the “hypocrite” of all estate planning techniques because it appears deceptively simple and predictable yet problematic upon closer inspection.  All to often, one who uses joint tenancy buys into the lie that because property will eventually transfer to the survivor of two joint tenants upon the death of the first, that Joint Tenancy is truly the “Holy Grail” in estate planning.  But this is far from the truth.
What