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In a common law state, all of the jointly held property of spouses is included in the estate.

a) True
b) False

1 Answer

2 votes

Final answer:

In a common law state, not all jointly held property is included in the estate of a deceased spouse. The type of joint ownership determines if the asset bypasses the probate process. The correct option is b.

Step-by-step explanation:

In a common law state, not all of the jointly held property of spouses is automatically included in the estate of a spouse upon their death. This statement is false.

In common law states, jointly held assets may pass to the surviving spouse by right of survivorship, particularly if the assets are held as joint tenants. However, only assets that are held in this way bypass the probate process and do not become part of the decedent's estate.

Other forms of joint ownership, such as tenancy in common, do not have this characteristic, and a deceased individual's interest in such property would be part of their estate and subject to probate.

Hence, Option b is correct.

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