Sam, Tina, and Ursula own a vacation property in Moab as joint tenants with right of survivorship. Sam dies, and his will attempts to leave his one-third interest to his nephew, Victor. What is the legal outcome under Utah law?
Correct Answer
C) Tina and Ursula each receive one-half of Sam's interest and continue as joint tenants between themselves.
When one of three joint tenants dies, the right of survivorship operates immediately at the moment of death. Sam's one-third interest is automatically extinguished and vests equally in the two surviving joint tenants, Tina and Ursula. Sam's will has no legal effect on his joint tenancy interest because a joint tenant cannot devise a joint tenancy interest — the survivorship right supersedes testamentary intent. Tina and Ursula continue to hold the entire property as joint tenants between themselves.
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Related Topics & Key Terms
Key Terms:
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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