Mary and Bill own a house as joint tenants with rights of survivorship. When Mary dies, which of the following best describes the result?

Mary and Bill own a house as joint tenants with rights of survivorship. When Mary dies, which of the following best describes the result?

• A. Mary's share passes through her will to her heirs.
• B. Mary's share passes by law to her heirs, not through her will.
• C. Mary's share passes to the surviving joint tenant regardless of what her will says.
• D. The asset must be sold and the estate gets 1/2 of the proceeds.

Answer: (C)

The key idea here is the right of survivorship in a joint tenancy. When property is held as a joint tenancy with rights of survivorship, all owners have equal, undivided interests and the four unities (time, title, interest, possession) are present. Because of these unities, when one owner dies, that owner’s interest automatically vests in the surviving co-owners. This transfer occurs by operation of law and bypasses the will and probate. So, when Mary dies, Bill automatically becomes the sole owner of the house. Mary’s will cannot direct where her share goes, and the heirs don’t inherit that share. If there were more than two joint tenants, the surviving co-owners would collectively receive the deceased’s share, not through the will or estate.

The key idea here is the right of survivorship in a joint tenancy. When property is held as a joint tenancy with rights of survivorship, all owners have equal, undivided interests and the four unities (time, title, interest, possession) are present. Because of these unities, when one owner dies, that owner’s interest automatically vests in the surviving co-owners. This transfer occurs by operation of law and bypasses the will and probate.

So, when Mary dies, Bill automatically becomes the sole owner of the house. Mary’s will cannot direct where her share goes, and the heirs don’t inherit that share. If there were more than two joint tenants, the surviving co-owners would collectively receive the deceased’s share, not through the will or estate.