Patricia and Robert, a married couple in Evansville, Indiana, purchase a home and take title as joint tenants with right of survivorship — not as tenants by the entirety. Patricia later dies intestate (without a will). What happens to Patricia's interest in the property?
Correct Answer
B) Patricia's interest automatically passes to Robert by right of survivorship
When property is held in joint tenancy with right of survivorship, the death of one joint tenant causes that tenant's interest to automatically vest in the surviving joint tenant(s) by operation of law — regardless of whether the deceased had a will or died intestate. Robert automatically becomes the sole owner of the property upon Patricia's death. The survivorship feature supersedes intestate succession laws for jointly held property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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