David and Elaine are married and purchase a home in Gulfport, Mississippi. They want to ensure that if one of them dies, the survivor will automatically own the entire property without going through probate. Which language should their attorney include in the deed to best accomplish this goal under Mississippi law?
Correct Answer
D) Convey the property to 'David and Elaine, as joint tenants with right of survivorship'
To achieve automatic survivorship in Mississippi, the deed must expressly create a joint tenancy with right of survivorship. Under Miss. Code Ann. §89-1-7, the survivorship language must be clearly stated in the instrument. Upon the death of one joint tenant, the survivor takes the entire property by operation of law, avoiding probate entirely. This is the correct and legally recognized mechanism in Mississippi for spousal (or any co-owner) survivorship.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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