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Margaret and her husband David own their Louisville home as tenants by the entirety. David passes away unexpectedly. What happens to David's interest in the property under Kentucky law?

Correct Answer

C) David's interest automatically passes to Margaret by right of survivorship.

Tenancy by the entirety in Kentucky includes the right of survivorship. When one spouse dies, their interest automatically vests in the surviving spouse by operation of law, without the need for probate. Margaret immediately becomes the sole owner of the Louisville home upon David's death.

Answer Options
A
David's interest passes to his heirs according to his will or intestate succession.
B
David's interest is divided equally among his surviving children.
C
David's interest automatically passes to Margaret by right of survivorship.
D
The property must go through probate before Margaret can claim full ownership.

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Related Topics & Key Terms

Key Terms:

tenancy_by_entiretyright_of_survivorshipmarried_couplesprobate_avoidance

Related Concepts

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.

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

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