Probate Homestead and Joint Tenancy Property
The Supreme Court of North Dakota held that a surviving spouse has no homestead rights in property in which the deceased spouse was a joint tenant with right of survivorship with someone other than the spouse. Because the decedent’s interest vanished at death, there was nothing against which the surviving spouse could make a claim. Seehafer v. Seehafer, 704 N.W.2d 841 (N.D. 2005).
Special thanks to Rita and Joseph Solomon Prof. William P. LaPiana of the New York Law School for contributing this case.
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