Robert and Sandra, who are not married, purchase an investment property in Hudson County, New Jersey. The deed conveys the property to them as joint tenants with right of survivorship. Robert later passes away intestate. Which of the following BEST describes the outcome regarding the property?
Correct Answer
A) Sandra inherits Robert's share automatically by right of survivorship and becomes the sole owner
When property is held in joint tenancy with right of survivorship in New Jersey, the death of one joint tenant causes their interest to pass automatically to the surviving joint tenant(s) by operation of law — regardless of what the deceased's will says or what intestacy laws provide. Sandra therefore becomes the sole owner of the property upon Robert's death, without the need for probate or court action.
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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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