Ownership disputes are one of the most common reasons an affidavit of survivorship will be challenged in court. These disputes occur when there’s uncertainty or disagreement over whether the property was truly held in joint tenancy with right of survivorship. If a co-owner’s intent was unclear or records are incomplete other heirs or interested parties will argue the deceased’s share should go through probate instead of automatically going to the remaining owner.

For example, suppose two siblings, John and Lisa, own a house together. John passes away and Lisa files an affidavit of survivorship claiming full ownership. But John’s kids find out the original deed doesn’t clearly state “joint tenancy with right of survivorship” and instead lists them as tenants in common. In this case the kids could challenge Lisa’s claim in court arguing John’s share of the house should go to them through probate instead of going entirely to Lisa.

To avoid these disputes it’s important to make sure property titles clearly state joint tenancy with right of survivorship at the time of purchase or through a recorded deed change. Before you draft an affidavit of survivorship verify the deed language and consult with a real estate attorney to make sure ownership is structured correctly so you don’t have legal battles later.

Fraud or misrepresentation in an affidavit of survivorship can have serious legal consequences including court challenges and criminal liability. This occurs when false information is intentionally or unintentionally included in the affidavit to wrongfully claim full ownership of a property. If an interested party suspects fraud they will contest the document and you’ll have expensive legal battles.

For example, suppose two business partners, Mark and Tom, own a commercial property together. After Tom passes away Mark files an affidavit of survivorship claiming sole ownership. But Tom’s family later finds out the original deed didn’t have right of survivorship and Mark altered documents to make it look like he was the sole owner. Tom’s heirs take the case to court and claim fraud and the court rules Tom’s share of the property should go through probate and reverses Mark’s claim.

To avoid fraud or misrepresentation all information in the affidavit should be verified against official records before filing. Get a certified copy of the original deed and consult with an attorney to make sure joint tenancy with right of survivorship exists. Also make sure the affidavit is properly notarized and has an official death certificate to minimize disputes and legal action.

Lack of proper documentation can cause delays or disputes when filing an affidavit of survivorship. If the affidavit is missing information, not notarized or not recorded with the right authority it will be rejected and ownership won’t transfer. This can cause problems if other parties step in to contest the claim.

For example, Sarah and her father Robert own a home together as joint tenants with right of survivorship. When Robert passes away Sarah prepares an affidavit of survivorship but forgets to include a certified copy of his death certificate. She also doesn’t record the document with the county recorder’s office. Months later when she tries to sell the home she finds out the title hasn’t been updated and the transaction is blocked. Meanwhile Robert’s estranged son who was unaware of the joint tenancy files a legal challenge claiming the property should go through probate.

To avoid these problems the affidavit should be prepared with all required supporting documents including a certified death certificate and a properly executed affidavit signed in front of a notary. Also file the document with the correct county office as soon as possible so the public record reflects the updated ownership. Doing so will minimize legal battles and delays.

Creditor claims can cause legal problems when filing an affidavit of survivorship especially if the deceased co-owner had outstanding debts. Creditors may claim the deceased’s share of the property should be used to pay off debts before full ownership transfers to the surviving co-owner. If creditors contest the affidavit in court it can delay or even prevent the transfer of ownership.

For example, Jake and his brother Kevin own a home together as joint tenants with right of survivorship. When Kevin passes away Jake files an affidavit of survivorship to claim full ownership. But a credit card company finds out Kevin had a large unpaid debt. The company files a claim saying Kevin’s share of the property should be in his estate to pay off the debt. The case goes to court and Jake has to pay legal fees and wait for the outcome.

To prevent creditor claims from interfering with ownership the surviving co-owner should check if the deceased had any outstanding debts before filing the affidavit. Consult with an estate attorney to find out if any creditor claims will arise and if the property is protected under joint tenancy laws. Keep records of joint tenancy agreements and understand the state specific rules on creditor claims to avoid legal disputes.

Family or beneficiary challenges can occur when heirs or other relatives contest the affidavit of survivorship. They may claim the deceased didn’t intend for the property to transfer automatically or that the surviving co-owner exerted undue influence. These disputes can lead to costly legal battles and delays in finalizing ownership.

For example, Maria and her mother Linda own a home together as joint tenants with right of survivorship. When Linda passes away Maria files an affidavit of survivorship to claim full ownership. But Maria’s siblings who were unaware of the joint tenancy contest the affidavit in court. They claim their mother had planned to divide the property among all her children and that Maria forced her to sign the deed. The court then reviews the case and Maria can’t sell or manage the property until the issue is resolved.

To avoid family disputes keep records of property ownership and make sure all co-owners understand joint tenancy. Communicate with family members about estate plans to manage expectations and minimize conflict. If needed a real estate or estate planning attorney can help clarify the ownership structure and verify the affidavit of survivorship is in order and legal.