In February 2026, Lena and Marco bought a cabin as joint tenants with right of survivorship. In June 2026, Marco died leaving a will that attempted to leave all of his real estate to his sister. Who owns Marco's former interest in the cabin?
Correct Answer
C) Lena owns it automatically by survivorship
In a joint tenancy, the right of survivorship controls when one joint tenant dies. Marco's interest is extinguished at death and passes automatically to Lena, so the attempted devise in Marco's will does not control that interest.
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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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