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If property is held by two or more owners as tenants in common, upon the death of the owner, ownership of the deceased would pass to the:

a) remaining owner or owners.
b) heirs or whoever is designated under the deceased owner's will.
c) last surviving partner.
d) Estate.

User Peech
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1 Answer

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Final answer:

Upon the death of an owner of property held as tenancy in common, the deceased's share passes to their heirs or as designated in their will, not automatically to the remaining owners.

Step-by-step explanation:

If property is held by two or more owners as tenants in common, upon the death of an owner, ownership of the deceased's share would pass to the heirs or whoever is designated under the deceased owner's will. This is because in a tenancy in common, unlike joint tenancy, there is no right of survivorship among the owners. Therefore, when one of the tenants in common dies, their share in the property does not automatically pass to the remaining owner or owners but instead is transferred according to the deceased's will or, in the absence of a will, through the state's intestate succession laws. These laws provide a hierarchy of heirs who are entitled to the property, which commonly include the spouse, children, parents, and siblings of the deceased. Should the owner die intestate, the courts will determine the rightful heirs based on these laws. The correct answer to the student's question would be option b) heirs or whoever is designated under the deceased owner's will.

User Nabbit
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