Joint Tenant Can Devise Share
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
22003_vineyard · REAL_PROPERTY · Choice APhilemon, because Naomi handed the deed only to Timothy, and Timothy devised the vineyard to Philemon.
Why it's attractive
Survives CUT (assumes valid delivery); loses the CLASH on survivorship.
Why it's wrong
Survives CUT (assumes valid delivery); loses the CLASH on survivorship.
22003_vineyard · REAL_PROPERTY · Choice BLydia, because Timothy never worked the vineyard and the deed was back in Naomi's strongbox at the time of her death.
Why it's attractive
CUT — occupancy not required and a completed delivery is not undone by returning the deed.
Why it's wrong
CUT — occupancy not required and a completed delivery is not undone by returning the deed.
22003_vineyard · REAL_PROPERTY · Choice DLydia, because Naomi delivered the deed to Timothy in an attempt to avoid the inheritance levy while making a testamentary disposition.
Why it's attractive
CUT — the deed was delivered while Naomi was alive, so the transfer is inter vivos, not testamentary.
Why it's wrong
CUT — the deed was delivered while Naomi was alive, so the transfer is inter vivos, not testamentary.
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