Essay on A Joint Tenancy With Right Of Survivorship

Essay on A Joint Tenancy With Right Of Survivorship

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Martin, who has acquired some valuable property over the years, now finds himself not knowing what to do about these issues that he is facing. With the multiple issues surrounding the mountain property that he owns, the possibility of losing his beach house getaway, and the loss of his car, Martin now turns to the help of his attorney to see what can be done to make things right. Understanding the relevant laws related to each of these issues as well as looking to the wisdom found in scripture will help lead to some resolutions and justice for Martin.
The first issues presented in this case study is that of the mountain property that Martin owned with some of his friends as joint tenants with a right of survivorship. A joint tenancy with right of survivorship (JTWROS) can be a common way of owning property between related and unrelated individuals ensuring that upon one’s death, their share of the property is equally divided up among the remaining joint tenants (Segal, 1998). The first conundrum involving this property and the laws pertaining to JTWROS is the issue of Martin’s friend and cotenant Peter, who stated in his will that he was leaving his interest in the property to his son. Peter’s son, believing that he had a share in the interest of this property went and used it as collateral for a loan and is now being sought out by the lender for defaulting on the loan. The lender, in seeking to regain his losses is taking legal actions to try to foreclose on the land. The main issue at hand is whether or not Peter had any right to pass on his share of property through his will. According to Orth (2009), a “joint tenancy cannot be severed by will, no matter how clearly the will expresses such an intent. A will only becomes effe...


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...his car back.
To encourage Martin as brother in Christ, it would be best to remind him of the teachings found in the Bible. One of the first things to remind him of is Romans 13:1-7 which talks about being subject to the governing authorities that God has put in place. God has appointed certain leaders and he expects us to follow the laws that they make, except of course if they are directly against God’s word. Another passage that has been common is that of Matthew 5:23-24 which talks about settlings things before taking them to court. Lastly, Martin should have patience with those who have wronged him and show them grace and love, all while learning to forgive them as he himself has been forgiven by Christ. It is important to note though, that while showing grave and forgiveness he can still seek to make things right where he can to reclaim what is rightfully his.

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