a claim of homestead, some estate in the land is essential.”). Without a property interest on which to attach a probate homestead, Janice’s claim must fail. [¶21] Our statute provides that the probate homestead is to exist “until otherwise disposed of according to law.” N.D.C.C. § 30-16-02. As we stated in Jamestown Terminal Elevator, Inc., upon the death of a joint tenant, property held in joint tenancy is immediately vested in the surviving joint tenant. 246 N.W.2d at 613-14. In other words, it is otherwise disposed of according to law. As the South Dakota Supreme Court explained: “The homestead exemption is temporary and exists only so long as the conditions prevail under which it was allowed by the homestead law.” Gross v. Gross, 491 N.W.2d 751, 754 (S.D.1992) (citation omitted) (<HOLDING>). While the law clearly protects the surviving
holding that the rights conferred to a joint account holder by massachusetts statutes and case law in fact give a joint account holder legal title in a joint account recognizing ability of one or more joint tortfeasors to settle on behalf of themselves and another joint tortfeasor and then pursue that joint tortfeasor for its share of the settlement payment holding that regardless of whether the property was held as tenants in common or by the entirety the husband was entitled to hold property as a homestead holding that the surviving spouse of the borrower could not maintain a respa claim in her individual capacity because she never assumed the deceaseds loan holding under a similar statute ownership of property was transferred to surviving joint tenants upon the death of the joint tenant by operation of law thus defeating the homestead claim of deceaseds spouse