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.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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.
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