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MMLU / A husband and wife own a piece of land as tenants by the entirety. When there…

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question

A husband and wife own a piece of land as tenants by the entirety. When there were marital problems, wife secretly conveyed her interest in the real estate to her youngest son from a prior marriage so that he would always have a place to live. Wife died and the husband filed to evict his stepson. According to the majority view among the states, can the stepson prevail by asserting his deed from his mother?

choices

  1. Yes, the entireties ownership was severed by the valid deed from mother to her son, and son now owns one-half of the property as tenants in common with the husband.
  2. Yes, the son became a tenant by the entireties with his mother's husband upon his mother's death.
  3. No, the mother's deed was a nullity because the entireties estate can only be broken with the consent of both parties; the husband became the sole fee simple owner on wife's death.
  4. No, a mother cannot convey a real estate interest to a son without getting the approval of all of her children.

subject

professional_law

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