Devisee
A devisee is a person or entity that inherits real estate through the provisions of a deceased person’s will. The term is most commonly used in the context of real estate transfers upon death, distinguishing it from legatees, who inherit personal property. The designation of a devisee is a fundamental part of estate planning, reflecting the wishes of the deceased (the testator) as articulated in their will.
Examples
- Family Member Devisee: John Smith, the owner of a house, drafts a will in which he states that his daughter, Jane Smith, will receive the house upon his passing. In this case, Jane Smith is the devisee.
- Charitable Organization Devisee: Sarah Brown leaves her property to the local animal shelter in her will. The animal shelter becomes the devisee of her real estate.
- Friend as a Devisee: Michael Owens designates his best friend, Peter Johnson, to inherit his vacation home via his will. Peter Johnson is the devisee in this context.
Frequently Asked Questions (FAQs)
Q1: Can a devisee refuse to accept the inheritance?
- A1: Yes, a devisee can disclaim or refuse to accept the inheritance, often through a legal process called a disclaimer. The property typically passes to the next eligible heir or follows the default instructions set forth in the will.
Q2: What happens if the devisee dies before the testator?
- A2: If the devisee dies before the testator, the will’s terms usually dictate to whom the property should pass. If no alternate devisee is named, the property may become part of the residuary estate and be distributed under default estate laws.
Q3: Are devisees responsible for any debts on the inherited property?
- A3: Yes, devisees may be responsible for mortgage obligations and other debts tied to the property. These typically need to be settled before the property can be fully transferred.
Q4: How is a devisee different from a legatee?
- A4: A devisee specifically inherits real property, whereas a legatee may inherit personal property. The term “beneficiary” can encompass both but lacked specificity in the type of inheritance.
Q5: Can a devisee be a non-profit organization?
- A5: Yes, a devisee can be an individual, a corporation, a non-profit organization, or any entity legally capable of owning real estate.
Related Terms
- Testator: The person who has written and executed a last will and testament that is in effect at the time of their death.
- Legacy (Legatee): A gift of personal property (other than real estate) left to someone in a will.
- Residuary Estate: The portion of an individual’s estate that is left after specific gifts are made.
Online References
Suggested Books for Further Studies
- “Estate Planning Basics” by Denis Clifford
- “Wills, Trusts, and Estates for Legal Assistants” by Gerry W. Beyer
- “The Executor’s Guide: Settling a Loved One’s Estate or Trust” by Mary Randolph
- “Estate Planning for Dummies” by N. Brian Caverly and Jordan S. Simon
Fundamentals of Devisee: Real Estate Inheritance Basics Quiz
### Who is a devisee?
- [ ] A person who drafts a will
- [x] An individual who inherits real estate through a will
- [ ] A professional who appraises property
- [ ] A legal advisor on estate matters
> **Explanation:** A devisee is an individual who inherits real estate through the provisions of a deceased person's will.
### What distinguishes a devisee from a legatee?
- [x] A devisee inherits real estate, while a legatee inherits personal property.
- [ ] A devisee is always a family member, while a legatee can be anyone.
- [ ] A legatee always has more rights than a devisee.
- [ ] A devisee can only be a corporation.
> **Explanation:** A devisee specifically inherits real estate, whereas a legatee may inherit personal property.
### Can a devisee refuse the inheritance?
- [x] Yes
- [ ] No
- [ ] Only with a court order
- [ ] Only if the will allows it
> **Explanation:** A devisee can disclaim or refuse to accept the inheritance, often via a legal process called a disclaimer.
### In the event the devisee dies before the testator and no alternate is named, what generally happens to the property?
- [ ] It becomes government property.
- [ ] It defaults to the nearest relative.
- [x] It usually becomes part of the residuary estate.
- [ ] The will is annulled.
> **Explanation:** If no alternate devisee is named, the property may become part of the residuary estate as per default or the will’s contingency plans.
### Are devisees legally responsible for debts on the inherited property?
- [x] Yes
- [ ] No
- [ ] Only if they choose to sell the property
- [ ] Debts are annulled upon owner's death
> **Explanation:** Devisees may need to settle mortgage obligations and other debts tied to the inherited property.
### Can a non-profit organization be named as a devisee?
- [x] Yes
- [ ] No
- [ ] Only if the property is used for specific purposes
- [ ] Only if the donor is a resident
> **Explanation:** A non-profit organization, like any legally recognized entity, can be named a devisee.
### Who determines the responsibilities and rights of a devisee?
- [ ] The local municipality
- [ ] The devisee themselves
- [x] The will's terms and estate laws
- [ ] The executor in consideration of family wishes
> **Explanation:** The responsibilities and rights of a devisee are determined by the terms of the will and applicable estate laws.
### What document typically sets out the distribution of an estate’s real property?
- [x] A will
- [ ] A trust agreement
- [ ] A deed
- [ ] A certificate of death
> **Explanation:** A will is the document that sets out the distribution of an estate’s real property.
### Who can act on behalf of the devisee in legal matters if they are unable?
- [ ] Any family member
- [ ] Their personal lawyer
- [x] The executor of the will
- [ ] The local court
> **Explanation:** The executor of the will typically acts on behalf of the devisee in the legal administration of the will.
### When does the transfer of property to a devisee usually occur?
- [ ] Immediately upon the death of the testator
- [x] After the estate is settled and all debts are paid
- [ ] Upon signing a new deed by the devisee
- [ ] When the devisee files a claim
> **Explanation:** The transfer usually occurs after the estate is settled and all debts and obligations have been addressed.
Thank you for delving into the concept of a devisee and challenging yourself with our core real estate inheritance quiz questions. Continue refining your understanding and skill in estate planning and real property with our recommended sources and quizzes!
