How does a judge resolve conflicts between the anti-lapse provision and the presumption of joint tenancy?

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  7. How does a judge resolve conflicts between the anti-lapse provision and the presumption of joint tenancy?

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§ 30.502 How does a judge resolve conflicts between the anti-lapse provision and the presumption of joint tenancy?

If the presumption of joint tenancy and anti-lapse provisions conflict, then the judge will give priority to the presumption of joint tenancy and the share of the deceased devisee will descend to the surviving devisees.

[86 FR 72093, Dec. 20, 2021]


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