This precludes disgruntled heirs from using the threat of a court battle to tie up the estate in years of litigation. Upon the death of one joint tenant, the surviving joint tenant inherits the asset without going through probate. So far so good. But when the second spouse dies, unless he or she has placed the property in joint tenancy with someone else, that property will be probated. A living trust is one sure way to avoid that problem.
Most estate planners advise against joint tenancy for a variety of reasons.
For some persons, in certain situations, joint tenancy may be a wise decision. However, in a vast majority of cases, joint tenancy spells major disadvantages. For instance, say you own your home and care in joint tenancy with your son. If the son gets into an accident, and the injured person files a lawsuit, you'd be named a defendant along with your son. If an adverse judgment is rendered, your personal assets are at risk.