Which leasehold estate is not inheritable and terminates automatically upon the death of either party?

Study for the New Mexico Broker State Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The estate at will is a type of leasehold estate that is characterized by its informal nature and lack of a specified duration. Unlike other leasehold estates, it is created with the mutual agreement of both the landlord and the tenant but does not provide a fixed term. One of the key features of an estate at will is that it is not inheritable; it terminates automatically upon the death of either the landlord or the tenant. This means that if either party passes away, the lease is voided, and the rights to the property do not pass to their heirs.

In contrast, other leasehold estates, such as a period estate or an estate for years, may have specified durations and conditions under which they can be inherited or extended beyond the initial parties. An estate at sufferance occurs when a tenant remains in possession of the property after the lease has expired, but it also doesn't share the same characteristics of inheritable rights or automatic termination upon death that define an estate at will. Thus, the unique features of an estate at will make it the correct choice for the question regarding leasehold estates that are not inheritable and end with the death of either party.

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