Which type of tenancy automatically includes right of survivorship in Texas?
Question & Answer
Review the question and all answer choices
Tenancy in common
Tenancy in common (A) is incorrect because it does not include right of survivorship. When a tenant in common dies, their interest passes to their heirs or estate through probate, not automatically to the other owners.
Community property
Community property (B) is incorrect because while it has special tax treatment in Texas, it does not automatically include right of survivorship. Community property must pass through probate or a proper estate plan to transfer ownership.
Joint tenancy with right of survivorship
Tenancy at will
Tenancy at will (D) is incorrect because it's a temporary occupancy arrangement with no fixed term and does not involve ownership rights or survivorship. It can be terminated by either party at any time.
Why is this correct?
Joint tenancy with right of survivorship (C) is correct because by definition, this type of ownership includes the automatic transfer of a deceased owner's interest to surviving owners. The 'right of survivorship' is explicitly stated in the name, making this the only option that automatically includes this feature.
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