Bar Exam Study Guide 2026

B holds a vested remainder in fee simple. A vested remainder is alienable, devisable, and descendible. When B dies before A, B's vested remainder passes by will or intestacy to B's heirs. The remainder interest survives B's death because it was already vested — A's life estate is unaffected.

Joint tenancy is a form of co-ownership of real property characterized by the 'right of survivorship.' This means that upon the death of one joint tenant, their interest in the property automatically passes to the surviving joint tenant(s), rather than to their heirs through a will or probate. This feature distinguishes it from tenancy in common, where a deceased owner's interest passes to their estate.

Adverse possession is a legal doctrine that allows a person to acquire title to real property by occupying and using it openly, notoriously, continuously, exclusively, and hostilely for a statutory period. This doctrine essentially rewards the productive use of land over an absentee owner's neglect. If all legal requirements are met, the adverse possessor can gain full legal ownership of the property.

A resulting trust arises when an express trust fails or trust property is not fully disposed of, returning the beneficial interest to the settlor or the settlor's estate.

An advancement is a lifetime gift to an heir intended to be charged against the heir's intestate share, reducing what the heir receives from the estate.

A Transfer on Death (TOD) deed or designation is a legal instrument that allows a property owner to name a beneficiary who will automatically receive the property upon the owner's death, bypassing the probate process. This provides a simple and efficient way to transfer assets directly to heirs. It helps avoid the time and expense associated with traditional probate, making it a popular estate planning tool.