David and Carol are married and own their home in Springdale, Arkansas, as joint tenants with right of survivorship. David dies, leaving a will that devises all of his property to his adult son from a prior marriage. Which of the following correctly describes what happens to the Springdale home?
Correct Answer
D) The home passes to Carol by right of survivorship, and David's will has no effect on the joint tenancy interest
Under Arkansas law, the right of survivorship in a joint tenancy operates by operation of law and supersedes the terms of a deceased joint tenant's will. When David dies, his interest in the joint tenancy automatically vests in Carol as the surviving joint tenant. A will can only dispose of property that is part of the decedent's probate estate. Because the joint tenancy interest passes outside of probate by survivorship, David's will cannot direct that interest to his son. Carol becomes the sole owner of the Springdale home.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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