David and his sister Elena own a property in Ramsey County, Minnesota as joint tenants. David dies, leaving a will that bequeaths his interest in the property to his son. What happens to the property under Minnesota law?

Correct Answer

A) The property passes entirely to Elena by operation of law due to the right of survivorship

Joint tenancy includes the right of survivorship, which is a fundamental characteristic of this form of co-ownership under Minnesota law. When a joint tenant dies, their interest automatically passes to the surviving joint tenant(s) by operation of law — it does not pass through the decedent's will or estate. David's will cannot override the right of survivorship because the interest never becomes part of his probate estate; it vests immediately in Elena upon David's death.