Nina and Oscar are unmarried co-owners of a rental property in Olympia, Washington. They hold title as tenants in common, each with a 50% interest. Nina dies intestate. What happens to Nina's interest under Washington law?
Correct Answer
D) Nina's interest passes to her heirs through intestate succession and becomes part of her probate estate
In a tenancy in common, there is no right of survivorship. Each co-owner's interest is a separate, devisable property right. When Nina dies intestate, her 50% interest becomes part of her probate estate and passes to her heirs according to Washington's intestate succession laws (RCW 11.04). Oscar has no automatic claim to Nina's interest simply because he was her co-tenant.
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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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