What factors should the court consider in deciding who should succeed to

What factors should the court consider in deciding

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What factors should the court consider in deciding who should succeed to Charlie s interest?
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What weight should be given to each of those factors? Alice, Billy, and Charlie decide to purchase a commercial real estate property, which they intend to own and manage as business partners. When asked by the seller how they want the deed conveyed to them, Alice, Billy, and Charlie tell the seller that they want to own the property as joint tenants. The deed is so prepared and reads as follows: O to Alice, Billy, and Charlie as joint tenants. After the partners have successfully operated the commercial property for 15 years, Charlie dies. Alice and Billy assume that because the deed has named them as joint tenants they will succeed to Charlie s ownership interest in the property. However, when Charlie s will is probated, the executor of Charlie s estate determines that Charlie s spouse and sole beneficiary under the will, is entitled to Charlie s interest in the property. If Alice and Billy challenge the decision by the executor in court, will they prevail? What factors should the court consider in deciding who should succeed to Charlie s interest?
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What weight should be given to each of those factors?
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  • Spring '14
  • MarkMeuwissen

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