Under Massachusetts law, which form of co-ownership automatically includes the right of survivorship, meaning a deceased co-owner's interest passes directly to the surviving co-owner(s) without going through probate?
Correct Answer
A) Joint tenancy
Joint tenancy under Massachusetts law includes the right of survivorship as one of its defining characteristics. When a joint tenant dies, that tenant's interest automatically passes to the surviving joint tenant(s) by operation of law, bypassing probate. Massachusetts recognizes joint tenancy, but it must be expressly created with clear language indicating the intent to create a survivorship interest.
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Related Topics & Key Terms
Key Terms:
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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