On June 30, 2005, Martin Hendrickson and Solveig Hendrickson were married, and on January 3, 2006, a home previously owned by Martin was conveyed to them as joint tenants and not as tenants in common. Solveig Hendrickson paid no part of the consideration for the premises. On August 3, 2013, Martin Hendrickson duly executed a Declaration of Election to Sever Survivorship of Joint Tenancy by which he endeavored to preserve an interest in the premises for Ruth Halbert, his daughter by a previous marriage. On the same day, he executed his last will and testament, by the terms of which he directed that his wife, Solveig Hendrickson, receive the minimum amount to which she was entitled under the laws of the State of Minnesota. Martin Hendrickson died with a valid will on October 9, 2013. a. What are the arguments that the joint ownership was severed by Martin Hendrickson’s declaration thus creating a tenancy in common? b. What are the arguments that the joint tenancy was not severed by Martin Hendrickson’s declaration and thus the property passed to Solveig Hendrickson by survivorship upon Martin Hendrickson’s death? c. Which argument should prevail? Explain.
On June 30, 2005, Martin Hendrickson and Solveig Hendrickson were married, and on January 3, 2006, a home previously owned by Martin was conveyed to them as joint tenants and not as tenants in common. Solveig Hendrickson paid no part of the consideration for the premises. On August 3, 2013, Martin Hendrickson duly executed a Declaration of Election to Sever Survivorship of Joint Tenancy by which he endeavored to preserve an interest in the premises for Ruth Halbert, his daughter by a previous marriage. On the same day, he executed his last will and testament, by the terms of which he directed that his wife, Solveig Hendrickson, receive the minimum amount to which she was entitled under the laws of the State of Minnesota. Martin Hendrickson died with a valid will on October 9, 2013.
a. What are the arguments that the joint ownership was severed by Martin Hendrickson’s declaration thus creating a tenancy in common?
b. What are the arguments that the joint tenancy was not severed by Martin Hendrickson’s declaration and thus the property passed to Solveig Hendrickson by survivorship upon Martin Hendrickson’s death?
c. Which argument should prevail? Explain.
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