WHAT IS RIGHTS OF SURVIVORSHIP?

Generally, it means that if you own an asset jointly with someone and one of you dies, the surviving owner gets 100% of that asset. It doesn't matter what a Will or Trust says, they automatically get the bank account or piece of property that was held jointly with rights of survivorship.

John demonstrates rights of survivorship with two scenarios in the video above, with a jointly held bank account and piece of real estate.

MAKE AN INFORMED DECISION

Estate Planning is necessary because, as the old expression goes, "You can't take it with you." People need a will or will substitute, such as a revocable living trust, if they want to control who inherits their property and how and when that inheritance is received, to minimize administration costs, and to avoid unnecessary taxes. A well-planned estate is a gift to your loved ones and provides you peace of mind. It is part of your legacy.

Everyone has a different story and should have a unique estate plan. In most cases, the first meeting with one of our attorneys is complementary and serves the purpose of understanding your goals and educating you on your options. Depending on the option that is right for you, we will give you a price quote at the first meeting, before moving forward with your plan. Feel free to explore the basic information on our website.

Learn More ABOUT ESTATE PLANNING

This blog does not contain legal advice. You should not rely on this to determine what is in your own best interest. For legal advice, specific to your situation, you must meet with an attorney. All posts are based on hypothetical scenarios, not the actual circumstances of real clients.

JOHN ROTH

is the founder of Hawaii Trust & Estate Counsel, a statewide Hawaii estate planning law firm with offices in Waimea, Hilo, Kona, and Honolulu. He has taught Estate Planning at the Richardson School of Law, and business law courses at the University of Hawaii—Hilo. He has resided in North Hawaii since 2008....MORE

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What assets should be in my trust?

What assets should you put in your trust? Avoiding probate, planning in case of incapacity, and making things as easier for loved ones after your death are all things to consider.

Do I need estate planning?

An initial estate planning meeting is recommended for most people, because it's a face-to-face opportunity to understand what your options are. There are five general categories or times in your life, where estate planning should be done.

Who should be the guardian of my child?

If something were to happen were to happen to you, who would take care of your child? With a will or trust you can nominate someone you trust to care for your child. Attorney John Roth explains the difference between a guardian and a conservator and how to set and age of inheritance with your estate plan.

What is rights of survivorship?