Marcus and his sister Diane own a ranch in Cascade County, Montana as joint tenants. Marcus passes away and leaves a will directing that his share of the ranch be transferred to his son. What happens to Marcus's interest in the ranch under Montana law?
Correct Answer
D) Marcus's share passes to Diane by right of survivorship.
Under Montana law, joint tenancy includes the right of survivorship. When a joint tenant dies, their interest automatically vests in the surviving joint tenant(s) by operation of law, regardless of what the deceased's will states. Marcus's will cannot override the right of survivorship inherent in joint tenancy.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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