In re Estate of Aryeh

Judgment creditor of deceased testator filed petition for letters of administration to collect against decedent's estate. Creditor filed petition for declaration of interest in real estate, claiming interest in property conveyed to decedent and his spouse as tenants by the entirety was improperly titled, under the Joint Tenancy Act, because it was not their homestead. The unsuccessful creation of a tenancy by the entirety in a deed to a married couple becomes a joint tenancy, not a tenancy in common. Court's denial of judgment creditor's request for a declaratory judgment was not an abuse of discretion. (MIKVA and HARRIS, concurring.)