When a joint tenant dies in West Virginia, their interest:
Correct Answer
B) Automatically passes to the surviving joint tenant(s)
The key feature of joint tenancy is the right of survivorship. Upon death of one joint tenant, their interest automatically passes to the surviving joint tenant(s) outside of probate. The interest cannot be passed by will.
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Related Topics & Key Terms
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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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