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Property OwnershipOwnership_types_joint_tenancy_tenancy_in_common_tenancy_by_entiretyEASY

Two friends, Olivia and Priya, purchase a vacation cabin in Brown County, Indiana. The deed conveys the property to them 'as joint tenants with right of survivorship and not as tenants in common.' Olivia dies unexpectedly without a will. What happens to Olivia's interest?

Correct Answer

D) Priya automatically becomes the sole owner of the cabin by right of survivorship

The deed expressly created a joint tenancy with right of survivorship. Under Indiana law, when a joint tenant dies, their interest automatically passes to the surviving joint tenant(s) by operation of law — without probate and without regard to the deceased's will or lack thereof. Priya automatically becomes the sole owner of the cabin upon Olivia's death because the survivorship right was expressly established in the deed.

Answer Options
A
The cabin is split equally between Priya and Olivia's estate
B
Olivia's interest must go through probate before Priya can claim it
C
Olivia's interest passes to her closest living relative under Indiana intestate succession laws
D
Priya automatically becomes the sole owner of the cabin by right of survivorship

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Related Topics & Key Terms

Key Terms:

joint_tenancysurvivorshipintestateno_probateco_ownership

Related Concepts

Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.

A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.

Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).

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