Rachel, Steve, and Tony own an office building in Miami as joint tenants with right of survivorship. Rachel dies, leaving a will that bequeaths her interest in the property to her daughter. Steve and Tony claim they now own the building as joint tenants. Who is correct under Florida law?

Correct Answer

D) Steve and Tony each own 1/2 interest as joint tenants

Correct: D - Steve and Tony each own 1/2 interest as joint tenants. Upon Rachel's death, her interest automatically passes to the surviving joint tenants (Steve and Tony) by right of survivorship, regardless of what her will says. They now own as joint tenants with equal 50% interests. Why not A: This option is incorrect because "Rachel's daughter inherits a 1/3 interest as tenant in common with Steve and Tony" does not match the rule tested by the question. The correct answer is "Steve and Tony each own 1/2 interest as joint tenants". Upon Rachel's death, her interest automatically passes to the surviving joint tenants (Steve and Tony) by right of survivorship, regardless of what her will says. They now own as joint tenants with equal 50% interests. Why not B: This option is incorrect because "All three parties own the property as tenants in common" does not match the rule tested by the question. The correct answer is "Steve and Tony each own 1/2 interest as joint tenants". Upon Rachel's death, her interest automatically passes to the surviving joint tenants (Steve and Tony) by right of survivorship, regardless of what her will says. They now own as joint tenants with equal 50% interests. Why not C: This option is incorrect because "The property must go through probate to determine ownership" does not match the rule tested by the question. The correct answer is "Steve and Tony each own 1/2 interest as joint tenants". Upon Rachel's death, her interest automatically passes to the surviving joint tenants (Steve and Tony) by right of survivorship, regardless of what her will says. They now own as joint tenants with equal 50% interests.