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MMLU / A father conveyed a parcel of real estate to his three daughters by a warranty…

Problem

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question

A father conveyed a parcel of real estate to his three daughters by a warranty deed. The deed recited that the title was conveyed to the three siblings "as joint tenants with the right of survivorship, and not as tenants in common." One of the sisters, during the lifetime of all three, conveyed an "undivided one-third interest" to a third party. The third party died, leaving a will that bequeathed her one-third interest to her son. Is the son's ownership interest enforceable as against the two surviving sisters who say that they now own 100% of the property pursuant to the law of joint tenancies?

choices

  1. No, because each joint tenant owns an equal and undivided interest in the whole of the property, making invalid the sister's attempted conveyance of a one-third interest.
  2. Yes, only a will can create a joint tenancy; the deed was invalid for that purpose and resulted in a tenancy in common by operation of law.
  3. Yes, because the conveyance severed the joint tenancy, and the third party took a one-third interest that she could pass by will to her son.
  4. No, because the selling sister did not take steps to get a court order to sever the joint tenancy prior to conveying a deed to a third party.

subject

professional_law

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Source and history

task_id
c0a27a44-9d7b-5a86-8d1f-e4317f11b681
task_key
all--test--c0a27a44-9d7b-5a86-8d1f-e4317f11b681
task_revision_id
1
config / split
all / test

Official source

initial import