Property OwnershipIntermediateColorado Exam

In Colorado, when real property is transferred by intestate succession to an heir who predeceases the decedent, the property typically passes to:

AThe state of Colorado by escheat
BThe predeceased heir's own heirs (the antilapses/representation rules)Correct
CThe surviving spouse only
DThe original property owner's estate, as is typical in most transactions

Why The predeceased heir's own heirs (the antilapses/representation rules) Is Correct

Answer B: The predeceased heir's own heirs (the antilapses/representation rules)

Under Colorado's antilapse and representation rules in intestate succession, if an heir predeceases the decedent, the deceased heir's share typically passes to their own descendants (per stirpes distribution), unless the statutes provide otherwise.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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