Title and or physical possession is the manner in Effects of Title which both real and personal property is owned. Ownership on Title may come in the form of deed, certificate, bill of sale, contract or some other document. Property These pieces of paper designating title are important designations that cannot be separated Author: Carolyn Paseneaux from a will. 307-778-0040 [email protected] Forms of Property Ownership Sole ownership of property is the simplest and Until substantial amounts of property are gives the holder the most complete ownership acquired, few focus on estate planning. However, possible. When the property is transferred, there the method by which titles are held to land, is a minimum of red tape since the titleholder livestock, machinery and other property can have has the right to dispose of the property. During important estate planning implications. When, the titleholder’s life there are laws of the state late in life, it is decided to plan an estate, making that dictate how the property is to be managed. changes in title ownership can create problems You cannot infringe on the rights of a neighbor, such as gift taxes. zoning restrictions dictate whether an agriculture operation is allowed in certain areas, and you Deciding on ownership is generally based on cannot disregard the interest rights of a surviving the following five factors: Preference as to sole spouse. Wyoming is a common law state and ownership or co-ownership (joint tenancy and thus protects spouses and keeps them from tenancy in common); desired disposition of being left out in the cold when the other spouse property at death; estate and inheritance tax dies. Each spouse, under law, has a legal right to effects; gift tax implications; and differences in a portion of the other’s property at death. estate settlement costs. This document will look at real and personal property and two types of co- At death, solely owned property passes under ownership: Joint tenancy and tenancy in common. a will or according to state law if there is no will. Estate taxes may reach the total value of Types of Property the property when it is held in sole ownership. There are two types of property, real and Sole ownership property usually goes through personal. probate to clear title for heirs.

Real property is land and anything that is Savings and checking accounts are typically constructed on it, grown on it or affixed to it. closed as soon as possible after the decedent’s On a ranch or farm the fences, barns and out death and a personal representative is buildings, water systems that cannot be moved, appointed. The personal representative then and growing timber are real property. moves the balance of all accounts to a new account, opened in the name of the estate. The Personal property means property that is personal representative pays outstanding bills movable. There are two types of personal and distributes the remaining money to the property – tangible and intangible. Personal heirs. The process can take a very long time, property that can be felt or touched is tangible sometimes years. (livestock, machinery, vehicles, jewelry, a spur collection, stored grain). That which is unable to Co-Ownership Types be touched or felt is intangible personal property Joint tenancy and tenancy in common are the (stock certificates, bonds, promissory notes). two most common forms of co-ownership. Co- 80 ownership exists when two or account in joint tenancy with a trusted friend more persons hold legal title who does her shopping and performs other to undivided ownership of tasks, then dies unexpectedly, the entire amount property. goes to the trusted friend. Those who would have inherited the money in the checking Joint Tenancy account as the deceased might have intended, Joint tenancy with right of now are ineligible to receive the money. survivorship is a popular co-ownership method of owning property. There is a belief by many A gift tax problem arises when there is a death that joint tenancy substitutes for a will, saves of one joint tenant and the other joint tenant death taxes and can reduce estate settlements moves the property to some other ownership costs. In general, the larger the estate the less pattern such as tenancy in common. A liability desirable or advisable joint tenancy becomes also arises when one of the joint tenants put because of the death tax “traps” that can arise. more money into the business than the other. A joint tenant cannot leave his or her interest to Upon the death of the one who has contributed someone in a written will as joint tenancy title all or most to the joint tenancy, there is a gift takes precedence. Neither does his interest pass created when the surviving joint tenant inherits to his heirs by intestacy. Joint tenancy title is all the property. proof of a contract, and by law it has priority. Tenancy in Common When a couple marries, they sometimes place Tenancy in common is any property held in their real and personal property in joint tenancy. shared ownership that is not in another type Perhaps it is to show each other that they now of ownership. All shared property not owned trust enough to share their property. The in joint tenancy, partnership, corporation, or decision to do so should only be taken after LLC is tenancy in common. You can own any very serious consideration. A joint tenancy percentage of tenancy in a common law state bank account is advisable for spouses. Banks such as Wyoming. have a standard form for checking, savings and The major difference between joint tenancy certificates of deposits to be owned in joint and tenancy in common is in the disposition of tenancy. the interest of a deceased co-owner. Another When a joint tenant dies, his or her economic difference is that the owner’s shares do not interest passes automatically to any surviving have to be equal. At the death of a co-owner tenant(s). The following example shows how that person’s undivided interest passes to that this can cause an unexpected disinheritance. A individual’s heirs either by a will or by law. father and son have held farm property in joint There is no right of survivorship for the tenant tenancy for two decades, each expecting the in common. Each tenant in common has the father to die first, leaving the son to inherit the right to sell, give away or transfer his or her total farm. As it happened the son had a fatal proportional share. tractor accident. His share of the joint tenancy In the joint tenancy example had the father and interest in the farm went to the father. This, in son owned the property as tenants in common, essence, jerked the rug out from under the son’s when the son died his share would have gone to wife and children’s future. They must depend his wife and children either by will or by law. upon the goodwill of the son’s father for their economic survival. If you are in a corporation, partnership, or LLC There can be problems with personal property don’t delay in checking your documents to see placed in joint tenancy. For example, should what share of the business you own. an elderly person living alone place a checking 81 Disclaimer This manual is not intended to be a substitute for legal advice. It is designed to help you become familiar with some of the tools available in planning an estate and the need to do such planning. Laws change when the Wyoming legislature meets and votes to change a section of the law. This publication is based on laws as they exist at the time of printing.

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