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Qualified Disclaimer of Joint Tenancies: A Policy and Property Law Analysis

Abstract

Disastrous estate tax consequences can result to the survivor of a joint tenancy interest with rights of survivorship who fails to meet the requirements of a qualified disclaimer. The authors argue, through a comparison with tenancies in common, that both from a policy standpoint and in light of contemporary property law, surviving joint tenants are entitled to qualified disclaimers of the accretive portion of the joint tenancy interest.

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22 Ariz. L. Rev. 987 (1980)

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