Definition
A devisee is a person or entity designated to receive real estate property through the will of a deceased individual. Upon the death of the testator (the person who has made the will), the devisee inherits the property as specified in the document. The term “devise” typically applies to real estate, while “bequest” generally refers to the giving of personal property.
Examples
- Example 1: Abel dies, leaving a will that names his daughter, Clara, as the devisee of his farmland. Clara inherits the farmland according to the will.
- Example 2: John leaves a will in which he devises his vacation home to his nephew, Michael. After John’s death, Michael becomes the legal owner of the vacation home.
Frequently Asked Questions (FAQs)
What is the difference between a devisee and a beneficiary?
A devisee specifically refers to someone who inherits real estate through a will, while a beneficiary is a broader term used for anyone named in a will or trust to receive a portion of the estate, including real estate, personal property, and financial assets.
Can a devisee refuse the inheritance?
Yes, a devisee can refuse the inheritance, a process known as “disclaiming” the inheritance. This can be done for various reasons such as potential liabilities associated with the property or personal preference.
What if there is no devisee named in a will?
If no devisee is named in the will or if the devisee predeceases the testator without an alternate plan outlined, the real estate will generally pass to the testator’s heirs according to state intestacy laws.
How does the devise process differ from intestate succession?
The devise process involves the distribution of property through a will, while intestate succession refers to the distribution of property according to state law when someone dies without a will.
Related Terms
Testator
A testator is an individual who creates a will, specifying how their estate should be distributed upon their death.
Beneficiary
A beneficiary is a person or entity designated to receive benefits from a will, trust, insurance policy, or other legal instruments.
Estate Planning
Estate planning is the process of arranging for the management and disposal of a person’s estate during their life and after death through tools like wills, trusts, and powers of attorney.
Codicil
A codicil is a legal document that modifies, amends, or clarifies a previously executed will.
Online Resources
- Investopedia: Understanding Woman who Wills Away Property
- Nolo Legal Encyclopedia: Devisee
- American Bar Association: Wills and Estate
References
- Black’s Law Dictionary.
- Restatement of the Law of Property.
- Practical Law, Thomson Reuters.
Suggested Books for Further Studies
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“Estate Planning for Dummies” by N. Brian Caverly and Jordan S. Simon Provides a comprehensive guide to creating wills, trusts, and other estate planning mechanisms.
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“Wills, Trusts, and Estates Administration” by Dennis R. Hower and Peter Kahn Examines the principles of estate law and administration including detailed discussion on conception and roles like devisees.
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“The Complete Book of Wills, Estates & Trusts” by Alexander A. Bove Jr. Extensive guide advocating for the significance of a well-planned will.
