Grace and Henry are a married couple in Indiana who hold their home as tenants by the entirety. Grace passes away, leaving a will that devises her interest in the home to her adult daughter from a prior marriage. What is the result under Indiana law?
Correct Answer
D) Henry becomes the sole owner of the home by right of survivorship, and the will has no effect on the property
Under Indiana law, tenancy by the entirety carries an automatic right of survivorship that supersedes any contrary provisions in a will. Upon Grace's death, Henry automatically becomes the sole owner of the property by operation of law — regardless of what Grace's will says. The right of survivorship is a property law right that cannot be defeated by a testamentary devise. Grace's will has no legal effect on the entireties property because she held no separate, devisable interest in it.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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