Robert and Linda are unmarried co-owners of a rental property in Portland, Oregon. They hold title as joint tenants. Robert dies, leaving a will that devises his interest in the property to his daughter, Emma. Linda claims she now owns the entire property by right of survivorship. Emma claims she inherited Robert's interest. Under Oregon law, who is correct?
Correct Answer
B) Linda, because the right of survivorship in a joint tenancy operates by law and cannot be defeated by a will.
The right of survivorship in a joint tenancy is one of the most powerful features of this ownership form. Under Oregon law, when a joint tenant dies, their interest passes automatically to the surviving joint tenant(s) by operation of law — immediately upon death, before any probate proceedings. Because the transfer occurs by operation of law at the moment of death, the decedent has no interest to devise by will. Robert's will cannot convey an interest that ceased to exist at the moment of his death. Linda owns the entire property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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