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Friends Jack, Jill, and Harold bought a warehouse property in North Carolina, and the deed simply stated, "as joint tenants." Assuming Harold had a will when he died, who got his share of the warehouse?
Suggested Answer: C
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In North Carolina, joint tenancy includes the right of survivorship unless otherwise stated. If a deed says 'as joint tenants,' and right of survivorship is implied or established, then Harold's share automatically passes to the surviving joint tenants (Jack and Jill), regardless of Harold's will. Since nothing indicates the tenancy was anything other than traditional joint tenancy with survivorship, Jack and Jill receive Harold's share.
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24 comments · newest first
JE
Jess
2 days ago
Exactly! It's all about the joint tenancy rules.
KA
Kattie
7 days ago
That's harsh for the spouse, but the law is clear on this.
QU
Quentin
12 days ago
I feel confident about this. Joint tenants can't pass shares via a will.
TH
Theresia
18 days ago
Not in joint tenancy. The spouse gets nothing unless specified.
LE
Leigha
23 days ago
But what if Harold had a spouse? Wouldn't they get something?
JE
Jess
28 days ago
Agreed! Harold's share goes to Jack and Jill automatically.
TH
Theresia
1 month ago
I think it's C) Jack and Jill. Joint tenancy means right of survivorship.
RE
Rebbecca
1 month ago
Yeah, we should be fine.
LO
Lorrie
1 month ago
I doubt it. The deed is clear.
GA
Gail
2 months ago
Still, some might argue D) It's up to the court.
RE
Reynalda
2 months ago
I feel confident about this one. Joint tenants means we share everything.
CA
Carmelina
2 months ago
No, joint tenancy overrides that. We automatically inherit.
CH
Charlesetta
2 months ago
But what if he had a spouse? Shouldn't they get something?
RE
Rebbecca
2 months ago
Exactly! Harold's share goes to us.
LO
Lorrie
2 months ago
I think it's C) Jack and Jill. Joint tenancy means right of survivorship.
JU
Judy
3 months ago
I don't know, sounds too simple. What if there are complications?
BE
Bernardo
3 months ago
Joint tenancy trumps a will, so yeah, it's C.
AH
Ahmed
3 months ago
Wait, are you sure? What if Harold had a spouse?
EM
Emelda
3 months ago
I agree, joint tenants automatically pass their share to the surviving tenants.
TA
Tawna
3 months ago
It's definitely C) Jack and Jill. Joint tenancy means right of survivorship.
PH
Phillip
4 months ago
Wait, does the will even matter in this case? I thought joint tenancy overrides individual wills.
MA
Marsha
5 months ago
I recall a similar question where joint tenants automatically inherit each other's shares. So, I would lean towards C) Jack and Jill.
AL
Alyssa
5 months ago
I'm not entirely sure, but I feel like if Harold had a will, it might complicate things. Did we cover that in class?
MA
Margot
5 months ago
I think I remember that joint tenancy means the right of survivorship, so Harold's share would go to Jack and Jill.