Question

Behan and his wife took title together at the same time to the same real property here in Michigan (while married to each other) and hold the real property as tenants by the entirety. Behan dies while still married to his wife. The estate is a conditional estate, not a fee simple estate. Behan's interest to the described real property, upon Behan's death:

a. escheats to the State of Michigan, under the facts of this question
b. passes back to the holder of the condition who now holds Behan's interest jointly with Behan's widow
c. passes to his wife, assuming she did not intentionally bring about Behan's death
d. passes through a probate proceeding, since Behan is now dead

Answer 1

Behan's interest to the described real property, upon Behan's death, would pass to his wife as they owned the property jointly.

Step-by-step explanation:

Behan's interest to the described real property, upon Behan's death, would pass to his wife, assuming she did not intentionally bring about his death. As tenants by the entirety, both Behan and his wife hold equal and undivided interests in the property. This means that upon Behan's death, his interest would automatically transfer to his wife, as they owned the property jointly. The estate would not escheat to the State of Michigan, as escheat typically occurs when there is no living heir or beneficiary to inherit the property.

Answer 2

Answer: passes to his wife, assuming she did not intentionally bring about Behan's death

Step-by-step explanation:

We should note that Behan's interest to the described real property, upon the death of Behan will pass to his wife, assuming she did not intentionally bring about Behan's death.

Since they both own tne property as tenants and is a conditional estate, it simply means that the survivorship rights should be passed to another owner which is the wife in this case as long as the wife isn't responsible for his death.