Parental Warning: If You Own Your Property This Way, You May Accidentally Disinherit Your Own Children

How Property Ownership Affects Inheritance

The way your property title is structured determines who inherits after your death — regardless of what your will says.
Below are the most common forms of ownership and how they can impact your heirs:

1️⃣ Joint Tenancy with Right of Survivorship (JTWROS)

This is one of the most common forms of ownership for couples. It means that when one owner dies, the property automatically passes to the surviving owner — outside of probate.

✅ Pro: It’s quick and avoids probate.
❌ Con: It completely overrides your will.

That means if you and your spouse own your home jointly, and you pass away first, your share automatically goes to your spouse — not your children. When your spouse later dies, they can leave the property entirely to someone else, such as a new partner or stepchildren.

Result: Your biological children may receive nothing from the home you helped build.

2️⃣ Tenancy by the Entirety (for Married Couples)

This is similar to joint tenancy but used exclusively for married couples in certain states. It provides strong creditor protection and automatic transfer to the surviving spouse.

✅ Pro: Great for asset protection and simplicity.
❌ Con: Same risk — it can unintentionally disinherit children from a prior marriage.

If you have a blended family, this ownership form might protect your spouse but cut your children out unless additional planning is done.

3️⃣ Tenancy in Common

Unlike joint tenancy, this form allows each owner to leave their share to whomever they choose in their will or trust.

✅ Pro: More flexible and allows children to inherit directly.
❌ Con: Each owner’s interest is separate, which can complicate management or sales if multiple heirs are involved.

Why Parents Accidentally Disinherit Their Children

It often happens when one parent remarries after being widowed or divorced.

Example:
Let’s say Jane owns her home jointly with her new husband, John, as joint tenants with right of survivorship. Jane’s will states that her home should go to her two children from her first marriage.

But when Jane passes away, the home automatically transfers to John — regardless of what her will says. John then leaves the home to his children. Jane’s children get nothing.

It’s heartbreaking, but it happens all the time.

How to Prevent Accidental Disinheritance

You can avoid this outcome with careful estate planning. Here are a few ways to fix or prevent it:

1. Use a Revocable Living Trust

Transfer your property into a trust that clearly spells out who inherits and when. This keeps you in control, avoids probate, and ensures your children are protected — even if you remarry.

2. Add Clear Provisions in Your Will or Prenuptial Agreement

If you’re entering a blended family situation, a prenup or postnup can define what happens to the home after your death.

3. Consider a Life Estate or Qualified Terminable Interest Property (QTIP) Trust

These allow your surviving spouse to live in the home during their lifetime, but ensure the property ultimately passes to your children after your spouse’s death.

4. Review Your Deeds and Titles Regularly

Don’t assume your title is correct — check it. Many people forget how their home is titled, especially if it’s been refinanced or changed hands over the years.

When to Get Professional Help

If your family includes children from a prior relationship or you’ve remarried, it’s crucial to work with an estate planning attorney who understands both family and property law.
A professional can help you structure ownership in a way that protects your spouse and your children — without creating unintended consequences.

Final Thought

Your home is more than a financial asset — it’s a part of your family’s story. Don’t let a simple paperwork detail erase your children’s inheritance.

A quick review of your property title and estate plan today could save your family years of conflict and heartache later.