Episode 2: Florida Property – Rights of Survivorship and Estate Planning
Welcome to this crucial episode of the Lumsden Law podcast, where we unpack the nuances of Last Rights of Survivorship, Rights of Survivorship and Estate Planning, Joint Tenancy with Right of Survivorship, Tenancy by the Entirety, and Tenancy in Common — all vital concepts for Florida homeowners, real-estate investors, and families planning their legacy.
In this episode, we explain how different forms of co-ownership can affect your estate planning. If you want your property to transfer smoothly to your co-owners without probate delays, or if you want to safeguard assets from creditors, this discussion is for you.
We walk through:
- Joint Tenancy with Right of Survivorship (JTWROS) — a co-ownership option available to any two or more individuals. Under JTWROS, when one co-owner dies, their share automatically passes to the surviving owners without probate.
- Tenancy by the Entirety (TBE) — a special form of ownership reserved for married couples. Under TBE, the surviving spouse becomes sole owner automatically; plus, the property is better protected against individual creditors.
- Tenancy in Common (TIC) — the default in many cases. Here, co-owners hold separate shares; when one owner dies, their share passes through their estate or will, not directly to the other owners.
We also discuss how the “Last Rights of Survivorship” and “Rights of Survivorship and Estate Planning” strategies can simplify inheritance and avoid costly, time-consuming probate — provided you choose the right ownership structure at the start.
Whether you own a family home, a vacation property, or investment real estate, understanding these distinctions is essential for future-proof estate planning.
If you’d like to review or update your property title or estate plan to reflect your wishes, contact our team for a consultation with experienced estate-planning attorneys at the Lumsden Law.
Key Takeaways
- Automatic transfer without probate: Both JTWROS and TBE ensure that property passes directly to the surviving owner(s).
- Equal ownership & control: JTWROS requires equal, undivided shares and all co-owners acquiring the property at the same time.
- Spouse-only protection (TBE): TBE affords extra protections — from creditors and legal complications — but only applies to married couples.
- Default to Tenancy in Common (TIC): If the deed doesn’t specify survivorship, Florida law treats co-owners as TIC, which may complicate estate planning.
Frequently Asked Questions (FAQs)
Q1: What is “Last Rights of Survivorship”?
A: It refers to the legal mechanism whereby upon the death of one property owner, their interest automatically transfers to surviving co-owners, bypassing probate, under arrangements such as Joint Tenancy with Right of Survivorship or Tenancy by the Entirety.
Q2: How does “Rights of Survivorship and Estate Planning” help me?
A: By using deeds that grant survivorship rights (JTWROS or TBE), you ensure property transfer directly to survivors — simplifying inheritance, avoiding probate expenses, and protecting heirs from delays.
Q3: What is the difference between Joint Tenancy with Right of Survivorship and Tenancy by the Entirety?
A: JTWROS can be used by any co-owners (friends, business partners, relatives), while TBE is exclusive to married couples and offers additional creditor protection.
Q4: What happens if the deed does not specify survivorship?
A: Without explicit wording, Florida law defaults to Tenancy in Common (TIC), meaning each owner can leave their share to heirs through a will — which may complicate estate planning.
Q5: How can I update or create a survivorship deed?
A: Contact the experienced estate-planning attorneys at Lumsden Law to review your deed, plan for survivorship, and protect your property legacy.
Call to Action
Need clarity or want to set up a proper survivorship deed? Reach out to Lumsden Law at (407) 798-7744 or email info@lumsdenlawfirm.com to schedule an estate planning consultation.