What Are Heirs and Assigns?
Heirs and Assigns is a legal term frequently appearing in property deeds and wills. It signifies that the individual named, along with their heirs and any assigns, will inherit the full rights to the property, typically in the form of a fee simple estate. This means they hold the property indefinitely, with the right to sell, transfer or bequeath it in their will.
Example: Abel writes a will leaving his property to Baker, stating “Baker, heirs and assigns.” When Baker inherits the property, Baker can then sell it, will it to his own heirs, or assign it to anyone else according to his discretion.
Examples
- Wills: A will might state, “I bequeath the property located at 123 Elm Street to my daughter Sara, her heirs and assigns forever.” This means Sara has the right to use the property as she sees fit and can pass it on to her heirs or any new owners she designates.
- Deeds: In a property deed, phrasing such as “Grantor conveys the described property to Grantee, their heirs and assigns” ensures that the Grantee and their successors have complete ownership rights.
Frequently Asked Questions
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What does “fee simple” mean in relation to heirs and assigns? Fee simple is the most comprehensive form of property ownership. It grants the holder full right to control, use, and transfer the property as they choose.
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Can “heirs and assigns” be included in a living trust? Yes, this term can be included in a living trust to specify how property is distributed upon death.
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Do heirs automatically take ownership if there are no assigns? Generally, yes. Heirs (typically family members) will inherit property if the primary owner dies without designating assigns.
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Is the term “heirs and assigns” considered legally binding? Yes, it’s a legally recognized phrase ensuring continuity of ownership rights across generations and transferees.
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What happens if the heirs cannot be located? If heirs cannot be found, the property may escheat to the state or local government based on jurisdictional laws.
Related Terms
- Fee Simple Estate: Absolute ownership of real property without contingencies or limitations. Allows the owner complete control over the land.
- Title: Legal documentation that proves ownership of property.
- Deed: A legal document that transfers property rights from one party to another.
- Will: A legal document expressing a person’s wishes as to how their property is to be distributed after their death.
- Living Trust: A legal entity created to hold and manage a person’s assets during their lifetime and provide for their distribution after death.
Online Resources
- IRS - Understanding Some Basics of Estate Planning
- Nolo’s Estate Planning Guide
- American Bar Association: Guide to Property Law
References
- Black’s Law Dictionary.
- The Comprehensive Guide to Real Estate Law, ISBN: 978-0198855143.
- Legal Aspects of Real Estate by William H. Holden, ISBN: 978-0538732107.
Suggested Books for Further Studies
- “Principles of Real Estate Practice” by Stephen Mettling, David Cusic - This book is excellent for anyone looking to understand the fundamentals of real estate law.
- “The Language of Real Estate” by John W. Reilly - A comprehensive glossary of key real estate terms and concepts.
- “Modern Real Estate Practice” by Fillmore W. Galaty, Wellington J. Allaway, Robert C. Kyle - A highly-regarded text providing in-depth coverage of real estate practice.
- “Estate Planning Basics” by Denis Clifford - An essential guide for understanding and implementing effective estate planning strategies.
