A Massachusetts couple, David and Susan, are purchasing a home together and want to ensure that if one of them dies, the other will automatically inherit the deceased's share of the property without the need for probate. Which form of co-ownership should they select when taking title?
Correct Answer
D) Joint tenancy with right of survivorship, because the surviving co-owner automatically inherits the deceased's interest by operation of law
Joint tenancy with right of survivorship is the form of co-ownership that achieves the couple's goal. Upon the death of one joint tenant, their interest automatically passes to the surviving joint tenant(s) by operation of law — completely outside of probate. The deceased's will cannot override this right of survivorship. This is a well-recognized form of co-ownership in Massachusetts that is commonly used by couples who wish to avoid probate on real property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
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.
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