Legal Question in Wills and Trusts in Wisconsin

Ownership of Joint Tenancy securities

Some of my father's stock securities show joint tenancy with rights of survivorship listing a sibling. At my father's death, are the stock securities a part of his estate, to be split among the siblings, or does the joint tenant become the sole owner of the securities exclusive of my father's will.


Asked on 9/07/01, 8:52 am

2 Answers from Attorneys

Re: Ownership of Joint Tenancy securities

Anything that is held as joint tenants immediately goes to the surviving person named on the asset. For example, homes can be held as husband and wife as joint tenants so that if one spouse dies, the other spouse immediately has ownership of the entire house. The same is true for depository accounts and securities. The stocks will not be part of the estate, but immediately are the solely owned property of that sibling.

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Answered on 10/25/01, 5:37 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Ownership of Joint Tenancy securities

Aside from issues such as fraud or whether the

funds to acquire the securities might have come

from the sibling, it would appear that the assets

pass to the sibling outside of probate.

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Answered on 10/25/01, 7:56 pm


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