Shannon v. Mi Tien-Sheui (a/k/a Grace Wang)
A surviving spouse sought a declaration that she owned, by right of survivorship as a tenant by the entireties, the rents from a 60-year ground lease that named both spouses as 'Landlord' even though the husband held sole fee title. The First DCA affirmed subject-matter jurisdiction over the declaratory action brought outside probate, but reversed summary judgment for the widow, holding that whether a tenancy by the entireties (including a right of survivorship) was created presents disputed issues of fact given the lease's inconsistent language and the decedent's contrary testamentary devises.
Key facts
- Surviving spouse Shannon sought a declaratory judgment that she owned rents from a 60-year ground lease as a tenant by the entireties with right of survivorship, even though her deceased husband held sole fee title to the underlying property.
- The lease named both spouses as 'Landlord' but omitted the 'Husband and Wife' designation in the rent-payment clause, and the husband's will contained devises of the leased property that appeared inconsistent with survivorship rights.
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Why it matters
Useful for estate and real property litigators: it confirms that a leasehold income stream can be entireties property, but that 'Husband and Wife' language in an instrument is not automatically conclusive — intent to… — full analysis with a trial
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