Question
A concurrent estate in which each tenant owns an undivided interest in the whole estate with survivorship rights. The right of survivorship: Upon the death
A concurrent estate in which each tenant owns an undivided interest in the whole estate with survivorship rights.
The right of survivorship: Upon the death of one of the joint tenants,the decedent's share passes automatically to the surviving joint tenant.
O grants Blackacre "to A & B as joint tenants."
A dies, leaving a will with C as sole heir.
Who owns Blackacre?
B owns all of Blackacre by right of survivorship. C gets nothing.
Can you explain why C gets nothing here?
The second scheme is that.
O grants Blackacre "to A & B as joint tenants."
A sells her interest to C without telling B, thus severing the joint tenancy.
A dies. B asserts complete title to Blackacre under his assumed right of survivorship in a joint tenancy.
Who owns Blackacre?
B and C are now tenants in common with no right of survivorship in B, which was destroyed by A's severance to C.
Can you explain why in the first scheme, C gets nothing, but the second one, C will get the property?
consider the following the situation
O grants Blackacre "to A & B as joint tenants."
A dies, leaving a will with all his interest in Blackacre to C.
For this situation, could I consider the will as a seller of a property, which makes B and C tenants in common with no right of survivorship in B, which was destroyed by A's severance to C?
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