Greg and his domestic partner Sam purchase a home in Hoover, Alabama, and take title as joint tenants. Greg dies, and his will leaves all of his property to his mother. Sam claims the entire property through the right of survivorship. Greg's mother argues she is entitled to Greg's 50% share under the will. Under Alabama law, who prevails?
Correct Answer
A) Sam, because the right of survivorship in a joint tenancy passes the deceased joint tenant's interest automatically outside of probate.
In a joint tenancy with right of survivorship, the surviving joint tenant automatically receives the deceased joint tenant's interest by operation of law at the moment of death — this transfer occurs outside of probate and cannot be overridden by a will. Greg's will has no power to direct the disposition of his joint tenancy interest because that interest ceased to exist at the instant of his death and vested in Sam. Sam prevails and owns the entire property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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