In January 2026, Henry and Imani bought a vacant lot as tenants in common. Henry died in September 2026 leaving a valid will that devised his interest in the lot to his nephew. What happens to Henry's share?
Correct Answer
B) It passes to Henry's nephew under the will, subject to estate administration
Tenancy in common does not include a right of survivorship. Because Henry's share remained separately transferable and inheritable, it can pass through Henry's estate to the nephew named in the will.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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