Victor and his wife Nora own their primary residence in Montgomery, Alabama, as tenants in common, each holding a 50% undivided interest. Victor dies intestate. He has two adult children from a prior marriage. Under Alabama intestate succession law, who owns the property after Victor's death, and in what proportions?
Correct Answer
B) Victor's 50% share passes equally to his two children; Nora retains her 50%, resulting in Nora 50%, each child 25%.
Because Victor and Nora held title as tenants in common (not joint tenants), there is no right of survivorship. Victor's 50% interest passes through his estate via intestate succession. Under Alabama intestate succession law (Code of Alabama §43-8-41), when a decedent is survived by a spouse and children from a prior relationship, the children share in the estate. In this scenario, Victor's 50% passes to his two children equally (25% each), while Nora retains her original 50%. The result is Nora 50%, Child 1 25%, Child 2 25% — all as tenants in common.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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