Isabel and Jake own a duplex in Ogden as tenants in common — Isabel owns 70% and Jake owns 30%. Isabel dies and her will leaves all her property to her daughter, Kylie. Jake claims that as a surviving co-owner, he should receive Isabel's 70% interest. Which statement correctly describes the outcome under Utah law?
Correct Answer
A) Kylie receives Isabel's 70% interest through the will, and she and Jake become tenants in common.
In a tenancy in common, there is no right of survivorship. Each tenant in common may freely devise their interest through a will. Isabel's 70% undivided interest passes to Kylie pursuant to Isabel's will. Kylie then becomes a tenant in common with Jake — Kylie holding 70% and Jake holding 30% — with no change to Jake's interest. Jake has no claim to Isabel's share simply because he is a surviving co-owner.
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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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