Carlos and Diana purchase a home in Worcester, Massachusetts as tenants in common, with Carlos holding a 60% interest and Diana holding a 40% interest. Carlos passes away, leaving a will that bequeaths all his property to his adult son, Marco. What happens to Carlos's 60% interest in the Worcester property?
Correct Answer
A) Carlos's 60% interest passes to Marco through the probate process
In a tenancy in common, each co-owner holds a separate, alienable interest with no right of survivorship. When Carlos dies, his 60% interest becomes part of his probate estate and passes according to his will. Because Carlos's will bequeaths all property to Marco, Marco inherits the 60% interest and becomes a tenant in common with Diana, who retains her 40% interest.
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Related Topics & Key Terms
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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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