Kevin and Lisa are unmarried co-owners of a property in Salem, Massachusetts. They took title as joint tenants with right of survivorship. Kevin dies, leaving a will that devises his interest in the Salem property to his brother Mark. Lisa claims she is now the sole owner of the property. Mark claims he inherited Kevin's share under the will. Under Massachusetts law, who owns the property?
Correct Answer
D) Lisa owns 100% of the property because Kevin's interest passed to her automatically upon his death by right of survivorship, regardless of the will
In a joint tenancy with right of survivorship, the defining characteristic is that upon the death of one joint tenant, their interest automatically passes to the surviving joint tenant(s) by operation of law — not through the deceased's estate or will. Kevin's will cannot defeat this right because his interest in the joint tenancy ceased to exist at the moment of his death; there was nothing for his estate to pass to Mark. Lisa becomes the sole owner of the Salem property upon Kevin's death by right of survivorship under Massachusetts property law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A freehold estate represents ownership of real property with an indefinite duration.
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