The form and application of attestation clauses to legal documents is prescribed by state probate law in the United States. While attestation clauses may vary somewhat from state to state, the essential function and intent of the attestation are generally consistent. In 1946, the American Bar ...
Joint tenancy with benefit of survivorship bypasses theprobateprocess that otherwise applies when conveying an estate’s assets to survivors. Joint Tenancy and Tenancy in Common Survivorship benefits form the basis of most decisions to enter into joint tenancy.Common lawrequires distinct circumstances to ...
In most states, transferring a real property deed of a decedent to a beneficiary or surviving relative can be complicated. Most states require estates, even those with a will, to go to probate court. However, New Mexico law allows a testator, or person making the will, to sign a Transfer...
his/her interest in the property is equally distributed to the remaining joint tenants. The property does not become part of the individual's estate, so it does not have to go through probate. This means that the transfer of property is easy, but it also means that the individual cannot ...