Maria and her brother Carlos own a Wisconsin lakefront property as joint tenants with right of survivorship. Maria dies without a will. What happens to her interest in the property under Wisconsin law?
Correct Answer
B) Maria's interest passes automatically to Carlos as the surviving joint tenant
In a joint tenancy with right of survivorship, when one joint tenant dies, the deceased tenant's interest automatically passes to the surviving joint tenant(s) by operation of law. No probate is required. Carlos automatically becomes the sole owner of the entire property upon Maria's death, regardless of whether she had a will.
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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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