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Frank and Gloria own their Naples home as tenants by the entirety. Frank dies, and his will leaves his interest in the home to his son from a previous marriage. What happens to the property ownership?

Correct Answer

B) Gloria owns the entire property by right of survivorship

Correct: In tenancy by the entirety, each spouse owns the entire property, and upon death, the surviving spouse automatically owns the whole property by right of survivorship, regardless of will provisions. Why not A: The will cannot defeat the survivorship rights in entirety property. Why not C: No sale is required; Gloria becomes sole owner. Why not D: Frank had no individual interest to devise; the entirety ownership included survivorship rights.

Answer Options
A
Gloria and Frank's son become tenants in common
B
Gloria owns the entire property by right of survivorship
C
The property must be sold and proceeds divided equally
D
Frank's son owns a 50% interest as tenant in common with Gloria

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Related Topics & Key Terms

Key Terms:

tenancy_by_entiretysurvivorship_rightswilldevise_restrictions
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