87.9k views
3 votes
juan and mirabel are cousins who have purchased a property together as joint tenants. juan is divorced with three children, mirabel has never married and her will leaves everything to her six-toed cat hemingway. juan tragically dies in a bizzare golf accident. to whom does his property interest pass?

User Natsuko
by
8.3k points

1 Answer

6 votes

Final answer:

Upon Juan's death, his interest in the joint tenancy property automatically passes to Mirabel, the surviving joint tenant, regardless of his will or heirs.

Step-by-step explanation:

When property is held in a joint tenancy, a right of survivorship is created among the joint tenants. This means that when one joint tenant dies, their interest in the property passes automatically to the surviving joint tenants, not to the heirs or under the will of the deceased. Joint tenancy is a specific form of ownership that includes this right of survivorship as a defining characteristic. Juan's tragic death in a golf accident activates this right, and therefore his interest in the property directly passes to Mirabel.

This occurs regardless of Juan's family situation, his will, or any other potential claims. Juan's children and any mentions in his will regarding his property interests are thus irrelevant to the succession of his share of the property. Mirabel will become the sole owner of the property once Juan’s death is legally acknowledged, and Juan's heirs, including his children, cannot claim his interest in the jointly-owned property.

User Szentmarjay Tibor
by
8.9k points