A and B hold an effective, unsevered joint tenancy with right of survivorship when A dies. A's general will devises all real property to X. What happens to A's share?
Correct Answer
A) A’s interest passes by survivorship to B
Under the stated effective and unsevered survivorship arrangement, A’s interest accrues to B rather than passing under A’s will. A general devise does not itself defeat the survivorship right. Actual ownership documents, severance and applicable law require verification; tenancy in common has a different succession framework.
Why This Is the Correct Answer
Option A is correct because, with an effective and unsevered joint tenancy with right of survivorship, A's interest passes to B at A's death. A joint tenant cannot devise the joint tenancy interest by will because of the right of survivorship. A joint tenant could sever during life by transferring the interest, but the facts state there was no severance.
Why the Other Options Are Wrong
Option B: A’s interest passes under the will to X
Option B says A's interest passes under the will to X. Survivorship operates at death and takes priority over the will, so the general devise does not carry A's joint tenancy share to X.
Option C: A’s interest is split equally between B and X
Option C says A's interest is split equally between B and X. There is no basis for dividing the share; survivorship gives A's interest to B, and X takes nothing from it under the will.
Option D: A’s interest passes to A’s heirs by intestacy
Option D says A's interest passes to A's heirs by intestacy. Intestacy applies to property not otherwise transferred, but here survivorship passes the interest to B.
Survivor takes, will waits
In an unsevered joint tenancy, the surviving joint tenant takes the share at death before any will can act on it.
How to use: Use this when a question pairs a joint tenancy with a will or inheritance.
Exam Tip
Check whether the ownership is joint tenancy or tenancy in common; only joint tenancy carries survivorship that overrides a will.
Common Mistakes to Avoid
- -Assuming a will controls a joint tenancy share
- -Confusing joint tenancy with tenancy in common
- -Splitting the share between the survivor and the will beneficiary
Concept Deep Dive
Analysis
This question tests the right of survivorship in a joint tenancy. When a joint tenant dies while the joint tenancy is effective and unsevered, the deceased tenant's interest passes to the surviving joint tenant, not under the will. The general devise to X therefore does not reach A's joint tenancy share.
Background Knowledge
Joint tenancy is co-ownership with equal, undivided interests and a right of survivorship. Tenancy in common has no survivorship, so each owner's share can pass by will or inheritance. A joint tenant who transfers an interest during life can sever the joint tenancy, turning it into a tenancy in common.
Real-World Application
An appraiser preparing an estate appraisal learns that the deceased held a home in joint tenancy with a sibling. The attorney confirms the joint tenancy was never severed, so the sibling now holds full title. The appraiser identifies the property interest and ownership based on that verified legal information.
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