[Family Dispute] When Leona and Oscar married, they both had children from previous marriages. After their marriage, Leona and Oscar purchased a home together as tenants by the entirety and lived there for many years. Oscar died when he was 93 and Leona was 95. Oscar's will left any property he owned to his son, David, who promptly told Leona that she needed to get out of the house. Leona told him to forget it. Leona died a week later. Her will left everything she owned to her daughter, Mina, who moved in the home and refuses to leave. Michelle, who had loaned Oscar $10,000, has filed a claim against any heir of Oscar or Leona, including David and Mina, claiming an interest in the home to satisfy the debt Oscar owed her.
-Which of the following would be the most likely result regarding Mina's claim to the house?
A) She receives all her mother's things including the house.
B) Because of the form of ownership previously held by Leona and Oscar, she only receives a portion of the ownership of the house with the remainder being held by any other children of Leona or Oscar, including David.
C) She receives only a life estate with the remainder going to David when she dies.
D) She does not receive anything because the entire title had already passed to David.
E) She must provide David with a one-half interest in the house only because her mother did not live longer than 6 months following the death of Oscar.

Question

Quizplus · Accepted Answer

When property is held as tenants by the entirety, it means that the property automatically passes to the surviving spouse upon the death of the other spouse. Therefore, when Oscar died, Leona became the sole owner of the house. Consequently, when Leona died, she had the right to leave the house to anyone she chose in her will, which was her daughter, Mina.

[Family Dispute] When Leona and Oscar Married, They Both Had