Two co-owners hold title as joint tenants. One dies with a will leaving everything to a nephew. What happens to the deceased owner’s interest?
Correct Answer
A) It vests in the surviving joint tenant by survivorship
The key feature of joint tenancy is the right of survivorship: when one joint tenant dies, the deceased’s rights vest in the surviving joint tenants. A joint tenant cannot devise the interest by will.
Why This Is the Correct Answer
Option A is correct because the right of survivorship causes the deceased joint tenant's rights to vest in the surviving joint tenant at death. Because of that right, a joint tenant cannot devise the jointly held interest by will, so the nephew named in the will takes nothing from this property.
Why the Other Options Are Wrong
Option B: It passes to the nephew under the terms of the will
Option B is wrong because the interest does not pass to the nephew under the will. A joint tenant cannot devise a joint tenancy interest by will, since survivorship vests it in the surviving joint tenant at death.
Option C: It escheats to the state because a will conflicts
Option C is wrong because nothing escheats to the state. Escheat applies when there is no one to take the property, but here a surviving joint tenant exists and takes by survivorship; the will simply does not reach this interest.
Option D: It becomes a tenancy in common held with the nephew
Option D is wrong because the nephew does not become a tenant in common with the survivor. The will has no effect on the jointly held interest, so no new co-ownership with the nephew is created; the survivor holds the interest.
Joint tenants: last one standing
Think of joint tenancy as a survivor game: when one owner dies, the share goes to whoever is left on title, not to the will's beneficiaries.
How to use: Use this whenever a question pairs joint tenancy with a death and a will to see that survivorship controls.
Exam Tip
When a question says joint tenants and a will, ask first whether survivorship applies; for a joint tenancy interest, the surviving joint tenant takes it.
Common Mistakes to Avoid
- -Assuming a will controls property held in joint tenancy
- -Confusing joint tenancy with tenancy in common, which has no survivorship
- -Thinking a conflicting will causes the property to escheat
Concept Deep Dive
Analysis
This question tests the defining feature of joint tenancy, the right of survivorship. When a joint tenant dies, the key is to recognize that survivorship operates at death, before any will can take effect, so the deceased tenant's will does not control the jointly held interest.
Background Knowledge
Joint tenancy is a form of co-ownership whose signature feature is the right of survivorship. At the death of one joint tenant, that tenant's rights vest in the surviving joint tenants rather than passing through the deceased's estate or will. Tenancy in common, by contrast, has no survivorship and a share can be left by will.
Real-World Application
An appraiser is engaged for an estate after one of two co-owners dies, and the executor assumes the home is part of the estate. The deed shows joint tenancy, so the surviving co-owner already holds the deceased's interest, which affects whose interest is being valued and who the intended users are.
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