When A Gift Is Not A Gift—Resulting Trusts In Real Estate

When it comes to estate planning, joint tenancy is often seen as a simple way to transfer property after death while bypassing probate fees. But as the case of Jackson v Rosenberg shows, what may seem like a straightforward solution can lead to unexpected legal disputes. When Nigel Jackson added Lori Rosenberg as a joint tenant of his home, he intended to secure her inheritance through the right of survivorship (a hallmark of joint tenancy). However, when a change of heart led Jackson to sever the joint tenancy, the move sparked a legal battle over the true meaning of a "gift" in property law and whether Rosenberg had an interest in the home beyond the right of survivorship. Here's what unfolded and what it means for future property owners.