An unmarried client dies intestate with $400,000 in her own name and $100,000 in joint tenancy with survivorship with one of her four children. How are assets distributed?

• A. $125,000 to each child.
• B. $500,000 to one child.
• C. $100,000 to one child, $133,333 to each of the others.
• D. $200,000 to one child, $100,000 to each of the others.

Answer: (D)

When someone dies intestate, property owned in their own name goes to their heirs under the rules of intestate succession, while property held in joint tenancy with survivorship transfers automatically to the surviving co-owner. Here, the $400,000 in her own name is the estate that will be divided among her children. Since she was unmarried, all four children share that estate equally, so each child gets $100,000 from the estate.

The $100,000 held in joint tenancy with survivorship passes directly to the surviving co-owner, who is one of the children. That child receives the full $100,000 from the joint tenancy outside of the estate distribution.

Putting it together, one child who is also a joint tenant ends up with $100,000 from the estate plus $100,000 from the joint tenancy, totaling $200,000. The other three children receive $100,000 each from the estate. This yields a distribution of $200,000 to one child and $100,000 to each of the other three.