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Maria and her sister Elena purchase a home in Tulsa, Oklahoma as tenants in common, each owning a 50% undivided interest. Maria passes away, leaving a will that gives all of her property to her adult son, Carlos. What happens to Maria's 50% interest in the Tulsa property?

Correct Answer

B) Maria's 50% interest passes to Carlos according to her will.

In a tenancy in common, each co-owner holds a separate, divisible interest with no right of survivorship. When a tenant in common dies, her interest passes according to her will (or by intestate succession if there is no will) rather than automatically to the surviving co-owner. Therefore, Maria's 50% interest passes to her son Carlos as directed by her will.

Answer Options
A
Maria's 50% interest automatically passes to Elena by right of survivorship.
B
Maria's 50% interest passes to Carlos according to her will.
C
Maria's 50% interest is extinguished and Elena becomes the sole owner.
D
Maria's 50% interest is held in trust by the state until probate is waived.

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Related Topics & Key Terms

Key Terms:

tenancy_in_commonsurvivorshipinheritanceco_ownership

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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