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A husband and wife own property as tenants by the entirety. The husband dies, leaving all his property to their son. Which of the following statements is true?

Options:
A) The son inherits the entire property
B) The wife gains sole ownership
C) The son and wife become joint tenants
D) The property passes through probate

1 Answer

5 votes

Final answer:

When a spouse in a tenancy by the entirety dies, the surviving spouse automatically assumes sole ownership of the property. In this case, the wife gains sole ownership, and the husband's will has no bearing on this specific property.

Step-by-step explanation:

The situation described involves a property ownership structure called tenancy by the entirety, which is a form of joint ownership between married couples. When one spouse dies, the entire property automatically becomes the sole property of the surviving spouse. This means that typical inheritance rules that apply through a will do not override this type of joint ownership. Consequently, even if a will specifies that all property is to be left to the couple's son, it would not apply to property owned as tenants by the entirety.

In this particular case, since the husband has passed away, the correct answer is that the wife gains sole ownership of the property (Option B). The fact that the husband wanted to leave all of his property to their son is not relevant for any property held as tenants by the entirety, as transfer of ownership in this case is governed by the rights of survivorship inherent in this form of ownership. The property does not pass through probate, the son does not inherit the property, and the son and wife do not become joint tenants of the property in question.

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