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.
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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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