Clara and David are joint tenants on a parcel in Gloucester, Massachusetts. David secretly conveys his interest to a nominee trust for estate planning purposes, then the nominee trust immediately reconveys the interest back to David. David does not inform Clara of these transactions, and both deeds are recorded. David later dies, and Clara claims the entire property by survivorship. David's estate claims the joint tenancy was severed by the conveyance to the nominee trust. Under Massachusetts law, what is the most likely outcome?
Correct Answer
A) David's estate prevails because the conveyance to the nominee trust severed the joint tenancy, even though the interest was immediately reconveyed back to David
Under the Massachusetts severance doctrine (Bernatavicius v. Bernatavicius and progeny), any conveyance by a joint tenant — even to a straw or nominee — destroys the unity of title and severs the joint tenancy, regardless of whether the interest is immediately reconveyed back.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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