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MMLU-Pro / 953 / A man died in 1985. His will devised his estate in a Midwestern state to his son…

Problem

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question

A man died in 1985. His will devised his estate in a Midwestern state to his son and daughter "to share and share alike as tenants in common. "At the time of their father's death, the daughter lived in a different part of the Midwestern state (in which the estate was located) while the son resided in a state in the Southwest. After the funeral, the daughter returned to her own residence, but the son decided to occupy the estate. He put his name on the mailbox and has paid the taxes and maintenance expenses. The daughter has been generally aware of this, but because she cared little about the estate, the daughter has never pressed her brother about the property. Since 1985, the daughter has not paid any rent or other compensation to her brother, nor has he requested such payment. In January 2010, a series of disputes arose between the son and daughter for the first time concerning their respective rights to the estate. The state in which the property is located recognizes the usual common law types of cotenancies and there is no applicable legislation on the subject. Now, the son claims the entire fee simple absolute title to the estate and brings an action against his sister to quiet title in himself. If the Midwestern states in which the property is located has an ordinary 20-year adverse possession statute, judgment should be for whom?

category

law

options

  1. The son, because he has paid the taxes and maintenance expenses since 1985.
  2. The son, because the acts of the parties indicate the sister's intention to renounce her ownership rights to the estate.
  3. The daughter, because there is no evidence that her brother has performed sufficient acts to constitute an ouster.
  4. The daughter, because the brother did not take any legal action to claim the property until 2010.
  5. Both, because they were given the estate "to share and share alike as tenants in common."
  6. The son, because during the past 25 years, the son has exercised the type of occupancy ordinarily considered sufficient to satisfy adverse possession requirements.
  7. The daughter, because the brother did not request any rent or other compensation for the past 25 years.
  8. The son, because the daughter has not shown any interest in the property.
  9. The daughter, because one cotenant cannot acquire title by adverse possession against another.
  10. The son, because he has lived in the property for more than 20 years.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
953
task_id
7bdc775b-7228-56dc-b110-d0029a247ccd
task_key
default--test--953
task_revision_id
1
config / split
default / test

Official source

initial import