Our media is full of ads promoting wonder drugs promising to cure what ails us. In my house we joke about the stark contrast between the pictures of the happy, smiling, even dancing people who apparently are taking the medications being promoted, and the soothing voice-over narration that discloses the sometimes horrible side effects you may suffer if you take the drugs. My sense of these ads is the marketing companies believe that what we see impresses us much more than what we hear.

This dichotomy between the visual and audio reminds me of the time I worked at a bank which hired a consultant, a well-known TV anchor with a bad hairpiece, to train the legal department in public speaking. He had us prepare and rehearse a five-minute presentation on a topic of public controversy.

We went home that night and worked hard on the substance and persuasiveness of our talks, and the next day we were put before a camera and recorded. To our dismay, the consultant turned the audio off before playing the video back to us, saying that ninety percent of people's assessment of our presentations would come not from the logic of our arguments, but rather our body language and how we dressed. He then painfully critiqued us on those issues, paying scant attention to what we actually said. We all assumed what we said, and the persuasiveness of our arguments, was most important. But as time has gone by, and especially when we are in political campaign season as we are now, it more often seems that the old TV anchor knew whereof he spoke.

So as we all know, making assumptions can get you in trouble.

How, you might ask, will your ownership interest in any real estate pass at your death? If you are married, can you assume your interest in your home will pass to your surviving spouse?

For persons who own real estate in Connecticut in their own names, not with another, the answer is that the interest will pass in accordance with the terms of their valid Will, and if there is no valid Will, then as provided under governing Connecticut statutes.

Are things the same if you own real estate with another person?

If you and another person own real estate as "joint tenants with rights of survivorship," as is usually the case for married couples, the ownership interest of the first person to die will pass to the surviving owner. This is the case even if the Will of the first person to die declares, "I leave my entire estate, both personal and real property, to the Fund to Save and Preserve Native Habitat for Wild Poodles."

If you own real estate with another person, the deed should make it clear whether you own the real estate as joint tenants with rights of survivorship, or in an alternate form of ownership known as "tenants in common." If you own property as tenants in common and your co-owner dies, their interest passes to a beneficiary in accordance with the terms of their Will. You'll still have your own interest in the property, but now you will co-own it with someone else, perhaps the poodle preservationists. (Of course this can lead to serious problems.)

In some cases, an owner's interest will transfer under Connecticut's laws of intestacy. These laws determine how property passes for those who have died without leaving a valid Will.

Most deeds are clear enough. For example, deeds to married couples (at least those in first marriages, since couples in second marriages sometimes want tenants in common status to protect their interests for their descendants) commonly name them as joint tenants with rights of survivorship. The deed's language should make it clear that on the death of the first person, the title vests in the survivor.

But sometimes questions do arise. For example, what about a deed that names "Frances and Taylor Doe, as joint tenants." Do Frances and Taylor own the property as joint tenants with rights of survivorship or tenants in common?

As the joke about the lawyer's universal response goes, "It depends." Or, for the more cynically minded, "What do you want the answer to be?"

If Frances and Taylor obtained title after Oct. 1, 1984 as "joint tenants," then by virtue of a statute adopted in 1984 they own the property as joint tenants with rights of survivorship.

If, however, Frances and Taylor obtained title prior to Oct. 1, 1984, then they very well may own the property as tenants in common, not as joint tenants. This gets a bit complex, and further inquiry may be needed as to whether they acquired title on what is referred to as a long form deed or a short form deed.

Generally speaking, Taylor and Francis can choose to sever the joint ownership and change it to tenant in common status. If they find they own the property as tenants in common and want to own it jointly with rights of survivorship, then they would need to act together to create such rights in each other. The assistance of good counsel is strongly advised.

Jim  Young  is  a  member Andrews  & Young  P.C.,  which  has  offices  in  Waterford  and  Groton,  and  has  been  serving the  southeastern  Connecticut  area  since 1987. He can be reached at 860-444-2101 or at jyoung@andrewsandyoung.com. The statements made in this particular column are not intended to be taken as legal advice for any particular fact situation. Consult with an attorney.