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Three siblings — Abigail, Bernard, and Clara — inherit a 90-acre farm in Pocahontas County, West Virginia as joint tenants with right of survivorship. Bernard later conveys his one-third interest to his spouse, Denise, by deed. Shortly after, Abigail dies intestate, leaving no heirs other than Bernard and Clara. Which of the following correctly describes the ownership of the farm after Abigail's death?

Correct Answer

A) Clara owns two-thirds and Denise owns one-third as tenants in common, with no survivorship rights among any of them.

This question requires tracking two separate events. First, when Bernard conveyed his interest to Denise, he severed the joint tenancy as to his one-third share. After this conveyance, Abigail and Clara remain joint tenants as to their two-thirds combined interest, while Denise holds her one-third as a tenant in common with Abigail and Clara. Second, when Abigail dies, her interest as a joint tenant with Clara passes by right of survivorship to Clara — but only as between Abigail and Clara, since their joint tenancy was not severed. Clara therefore absorbs Abigail's one-third, giving Clara two-thirds total. Denise retains her one-third as a tenant in common. The result is Clara owning two-thirds and Denise owning one-third, all as tenants in common with no survivorship between them.

Answer Options
A
Clara owns two-thirds and Denise owns one-third as tenants in common, with no survivorship rights among any of them.
B
Clara owns the entire farm by right of survivorship as the last surviving original joint tenant.
C
Clara owns two-thirds and Denise owns one-third, but Clara and Denise hold their interests as joint tenants.
D
Clara, Bernard, and Denise each own one-third as tenants in common because Bernard's conveyance severed all joint tenancy interests.

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Related Topics & Key Terms

Key Terms:

joint_tenancyseveranceright_of_survivorshiptenancy_in_commonownership_typescomplex_scenario

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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