Rosa died owning a townhouse. Her valid will left the townhouse to her nephew, and the nephew promptly opened probate in 2026. A distant cousin argues that the state should take the townhouse instead. Which statement is correct?
Correct Answer
B) The townhouse passes under the will, so escheat does not apply
Escheat is a last-resort doctrine used when there is no valid will and no heirs or devisees who can take the property. Because Rosa left a valid will naming her nephew, the townhouse passes according to that will instead of reverting to the state.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
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.
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