Lisa and Tom are married and own their homestead in Jacksonville as tenancy by the entirety. Lisa dies, and her will leaves all her property to her sister from a previous marriage. Tom claims the house belongs entirely to him. Who is correct under Florida law?
Correct Answer
C) Tom owns the entire property by right of survivorship
Correct: In tenancy by the entirety, the surviving spouse automatically receives full ownership through right of survivorship, which supersedes any will provisions. Why not A: Tenancy by the entirety property cannot be devised by will. Why not B: There is no division - the entire property passes to the surviving spouse. Why not D: Probate courts cannot override the survivorship rights in tenancy by the entirety.
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Robert, Susan, and David purchase an investment property in Orlando as tenants in common. Robert owns 50%, Susan owns 30%, and David owns 20%. David wants to sell his interest to his nephew. What must happen under Florida law?
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