[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 is true regarding Michelle's claim for the $10,000?
A) She has no interest in the house on which to base a claim.
B) She may obtain a lien on the house.
C) She can require that Mina pay it based on Mina's inheritance interest in the house.
D) She can require that David pay it based on David's inheritance interest in the house.
E) She can require that both David and Mina pay it based upon their inheritance interests in the house.

Question

Quizplus · Accepted Answer

When property is owned as tenants by the entirety, it passes automatically to the surviving spouse upon the death of the other spouse, bypassing the deceased's will. Therefore, Oscar's debt to Michelle does not create an interest in the house for her, as the property was not part of Oscar's estate to be claimed against.

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