Posted by Al Pecherer on June 20, 2006 at 14:42:31:
The distinguishing characteristic of Joint Tenancy is (automatic) survivorship: Those who were JT’s with you BIL automatically, instantly upon his death, without any court action, become co-owners. The dead JT simply drops out. A JT DOES NOT have the ability to will his interest. He can sell it, pledge it, but can NOT will it. (That would kill the survivorship aspect)
As to challenging his competency to have entered into such an arrangement----that sounds like it would be tough.
My brother-in-law passed away of chronic alcoholism during the middle of divorce. Title - is “Joint Tenancy”. Are his kids entitled to anything? Can we fight to say he was not in his right mind when he signed the deed? Please advise.