Greg owns a Wisconsin commercial property as his individual property. He marries Helen in 2022 and later decides to add her to the deed. The deed now reads 'Greg Smith and Helen Smith, husband and wife, as tenants in common.' Greg dies in 2025 without a will. What happens to Greg's interest in the property?
Correct Answer
B) Greg's interest passes through his estate according to Wisconsin intestate succession laws
Because the deed specifies 'tenants in common,' there is no right of survivorship. Greg's undivided interest does not automatically pass to Helen — it passes through his estate. Under Wisconsin intestate succession laws, his heirs (which may include Helen as his spouse) would inherit his interest according to the statutory distribution rules, not automatically as a surviving joint tenant or survivorship marital property owner.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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