Transfer of Interest in Property Held in Joint Tenancy

Gary Chapelle owns a duplex with his brother in joint tenancy with right of survivorship. Gary would like to pass his interest in the property to his son, Bill, and Gary has provided in his will that his interest in the duplex will pass to Bill. Which of the following statements concerning the transfer of Gary’s interest to his son, Bill, is correct?

  1. Gary’s interest in the duplex will pass to Bill by operation of law.
  2. Gary’s interest in the duplex will pass to his brother and not under the will.
  3. Gary’s interest in the duplex will pass to Bill under Gary’s will.
  4. Gary’s interest in the duplex will pass first to Gary’s brother and then at his death under Gary’s will to Bill.