Marcus and Elena purchase a home in Spokane as joint tenants. Marcus later dies without a will. What happens to Marcus's interest in the property under Washington law?
Correct Answer
A) Marcus's interest automatically passes to Elena by right of survivorship
In Washington, joint tenancy carries the right of survivorship. When Marcus dies, his interest automatically vests in Elena as the surviving joint tenant by operation of law, regardless of whether Marcus had a will or died intestate. The transfer occurs outside of probate, which is one of the primary advantages of joint tenancy.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
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.
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