Under Arkansas law, which of the following is NOT a characteristic of a valid joint tenancy with right of survivorship?
Correct Answer
D) A joint tenant may freely devise their interest by will to a named beneficiary
A joint tenant cannot effectively devise their joint tenancy interest by will. Because the right of survivorship operates by operation of law at the moment of death, a joint tenant's interest immediately vests in the surviving joint tenant(s) upon death — there is nothing left in the estate to pass under a will. The will is simply ineffective as to the joint tenancy interest. This is a fundamental characteristic of joint tenancy: the survivorship right overrides testamentary disposition.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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.
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