We have always been joint tenants with right of survivorship (JTWROS). Upon spouses death his equity share is owed the state. I think I must also pay his share to the state if I sale and move before I die.
If the state can simply bypass via "expanded estate" for non-probate assets it appears JTWROS ownership to my name only affords no protection whatsoever to me. If I need to sale/move before I die. the JTWROS law will do absolutely nothing to protect me unless I am just not seeing some important fact/s about estate recovery.
I have at least 18 years life expectancy, according to Social Security.
Remaining assets of any type are, in my opinion, more significant the younger the widow/er. So I need any proceeds from a sale if I move in order to carry on for a longer period of time.
As much as I believe we should all try to pay our bills, I think the state's being allowed to bypass laws in place to protect us needs to be called out accurately.
If anyone has facts on how conflicting laws play out when the surviving spouse must sell, I would sure like to try and make peace with what appears to be a mis-application of justice/equality. Estate recovery is less workable and very unequal the younger the window/s.