Maria and her husband jointly purchase a home in Laramie, Wyoming. They take title as joint tenants. Two years later, Maria passes away. Her will leaves all of her property to her adult son from a previous marriage. Under Wyoming law, what happens to Maria's interest in the property?
Correct Answer
A) Maria's interest passes to her husband by right of survivorship because they held title as joint tenants
In Wyoming, joint tenancy includes the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenant(s) by operation of law, regardless of what the deceased's will states. Wyoming is a common law (separate property) state, not a community property state, but joint tenancy survivorship rights are fully recognized and override testamentary transfers.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.
Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.
Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.
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