Legatee

Definition

A legatee is the recipient of personal property or assets awarded through a will upon the decedent’s death. The legatee can be an individual, a group of individuals, or an organization. The personal property given through a will is known as a legacy. A legatee distinguishes from an heir, who takes property by intestate succession (without a will).

Examples

Family Member Legatee: John writes a will bequeathing his classic car collection to his son, Michael. Upon John’s death, Michael becomes the legatee of the car collection.
Charity as Legatee: Susan’s will stipulates that a portion of her estate be donated to a local animal shelter. Upon her passing, the animal shelter is the legatee receiving the legacy.
Multiple Legatees: A wealthy individual leaves portions of their jewelry collection to several nieces and nephews. Each niece and nephew becomes a legatee of the designated items.

Frequently Asked Questions

What is the difference between a legatee and an heir?

An heir inherits property from an estate when there is no will, following intestate succession laws. A legatee receives property through a will.

Can a minor be a legatee?

Yes, minors can be legatees, but the property or assets are typically managed by a guardian or trustee until the minor reaches the age of majority.

Can a legatee refuse a bequest?

Yes, a legatee has the right to refuse a bequest. This is known as a disclaimer of interest, where the legatee formally declines to inherit the given property.

Does a legatee pay taxes on inherited assets?

Tax regulations vary by jurisdiction, but generally, a legatee may be subject to inheritance taxes, depending on the value of the legacy and the applicable laws.

Devisee: A person who inherits real property (real estate) through a will.
Testator/Testatrix: The person who creates a will; testator refers to males, while testatrix refers to females.
Intestate: Refers to the condition of having died without leaving a legally valid will.
Probate: The judicial process by which a will is proven valid or invalid. The court oversees the administration of the decedent’s estate.

Online Resources

References

“Black’s Law Dictionary” by Bryan A. Garner
“Wills, Trusts, and Estates” by Jesse Dukeminier and Robert H. Sitkoff
“The Complete Guide to Planning Your Estate in Texas” – as a state-specific example

Suggested Books for Further Studies

“Estate Planning Basics” by Denis Clifford
“Wills Trusts & Estates” by Robert H. Sitkoff, Jesse Dukeminier
“Basic Wills, Trusts, and Estates for Paralegals” by Jeffrey A. Helewitz
“Plan Your Estate” by Denis Clifford

Real Estate Basics: Legatee Fundamentals Quiz

### What is a legatee? - [x] A person or entity who receives property through a will. - [ ] A person who manages the will. - [ ] A person who writes the will. - [ ] A courts' executor of the will. > **Explanation:** A legatee is the person or entity designated in a will to receive personal property or assets from an estate. ### Can a legatee be an organization? - [x] Yes, organizations can be legatees. - [ ] No, only individuals can be legatees. - [ ] Only government entities can be legatees. - [ ] Only family members can be legatees. > **Explanation:** Besides individuals, organizations such as charities can also be legatees, receiving bequests as specified in a will. ### What is the primary difference between a legatee and an heir? - [ ] The assets they receive. - [x] How they receive their bequests. - [ ] Their legal standing. - [ ] Relatedness to the deceased. > **Explanation:** A legatee receives property through a will, while an heir inherits property through intestate succession when there is no will. ### If a will indicates a particular individual is to receive all of the decedent's jewelry, what is this person called? - [ ] Devisee - [x] Legatee - [ ] Trustee - [ ] Executor > **Explanation:** The bequest recipient (in this case, jewelry) via a will is called a legatee. ### Can a legatee refuse the inheritance? - [x] Yes, they can disclaim the inheritance. - [ ] No, they must accept it. - [ ] Only the executor can refuse on behalf of the legatee. - [ ] Only the surviving spouse has this option. > **Explanation:** A legatee can legally disclaim or refuse the inheritance laid out in the will. ### What is another legal term that is often associated with legatees for those who inherit real property? - [x] Devisee - [ ] Beneficiary - [ ] Administrator - [ ] Grantor > **Explanation:** The term "devisee" typically refers to someone who inherits real property (real estate) via a will. ### What happens when a legatee dies before the testator? - [ ] The property goes to the state. - [x] The will might name an alternate legatee. - [ ] The property is immediately sold. - [ ] The legatee's family decides the inheritance's fate. > **Explanation:** Often, wills stipulate alternative legatees if the primary legatee predeceases the testator. ### What term refers to the person who creates a will? - [ ] Legator - [ ] Executor - [x] Testator - [ ] Trustee > **Explanation:** The testator is the individual who drafts and signs the will, detailing how their property should be distributed. ### Are there typically any conditions on being a legatee? - [x] Conditions can be stipulated in the will. - [ ] Always must be a relative. - [ ] Must be listed in a public register. - [ ] Needs to pass a competency test. > **Explanation:** A will can include various conditions that the legatee must fulfill to receive the inheritance. ### What legal process verifies the authenticity and legality of a will? - [ ] Cyanotype - [x] Probate - [ ] Grant - [ ] Arbitration > **Explanation:** Probate is the legal process where the will is verified, and the decedent's assets are distributed as per the will’s instructions.