Question

A couple has been recently married, both for the second time. They are both age 40, and each has 2 kids from their prior marriage. They want to open a brokerage account that will ensure that the kids get assets from their natural parent. In order to accomplish this, the account should be opened as a:

Answer 1

The account should be opened as Joint Account With Tenants In Common.

Joint Account With Tenants In Common

in these Joint accounts with tenants in common A Totten Trust is a payable on death bank account. Such an account allows the owner to leave funds to a named beneficiary (or beneficiaries), avoiding probate. The only problem is that it can't be used for brokerage accounts - it is only for bank accounts. To accomplish what the couple wants requires that a joint account be set up as tenants in common, with the percentage ownership split between the husband and wife. Then the husband must have his own will, leaving his share to his natural children; and the wife must have her own will, leaving her share to her natural children.

If an account is opened as a Joint Account with Tenants in Common, there is a specified ownership percentage for each tenant. Upon death of 1 tenant, that person's percentage goes to his or her estate, is passed by will and must go through probate (where someone could contest the transfer).

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