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In April 2026, spouses Jordan and Elise took title to their residence as tenants by the entirety. In December 2026, Jordan died with a will leaving all real estate to Jordan's brother. What happens to the residence?

Correct Answer

D) Elise takes full title by survivorship under the tenancy by the entirety

Tenancy by the entirety generally includes a right of survivorship between spouses. When Jordan died, the entire title passed automatically to Elise, so the attempted devise to Jordan's brother could not transfer any share of the residence.

Answer Options
A
Jordan's brother inherits Jordan's one-half interest through the will
B
The residence is split equally between Elise and Jordan's estate
C
The property converts to tenancy in common between Elise and the brother
D
Elise takes full title by survivorship under the tenancy by the entirety

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Related Topics & Key Terms

Key Terms:

tenancy_by_entiretysurvivorshipmarital_estatewill_vs_titleforms_of_ownership

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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