David and Susan are married and hold title to their Seattle home as joint tenants. David dies, and his will leaves all of his property to his adult son from a prior marriage. Under Washington law, what is the most likely outcome regarding the Seattle home?
Correct Answer
B) Susan inherits the entire property by right of survivorship, and David's will has no effect on the joint tenancy interest
In Washington, the right of survivorship in a joint tenancy operates by operation of law and supersedes the terms of a deceased joint tenant's will. When David dies, his joint tenancy interest automatically vests in Susan as the surviving joint tenant. A will cannot override the survivorship feature of joint tenancy; the property never becomes part of David's probate estate, so the will has no effect on it.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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