Estates Flashcards

1
Q

Heirs

A

Person entitled to succeed to decedent’s estate without a will (THE LIVING DO NOT HAVE HEIRS). Look to the statute how the heirs go. These are determined at the time of death.

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2
Q

Intestate Succession

A

Dying without a Will

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3
Q

Testate Succession

A

Dying with a legally valid will.

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4
Q

Devisee

A

Beneficiaries under the will

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5
Q

Decedent

A

Person who dies

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6
Q

Intestate

A

Someone who has died without a will

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7
Q

Issue/Decendents

A

Down in the family tree

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8
Q

Ancestors

A

Up in the family tree

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9
Q

Collaterals

A

Horizontal in the family tree (cousins, etc.)

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10
Q

Escheat

A

No heirs and the state recovers the property

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11
Q

Bequest

A

Leaving personal property in a will

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12
Q

Devise

A

Leaving real estate in a will

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13
Q

Devisee/Beneficiaries

A

The person who gets teh real estate

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14
Q

Owner/Grantor/Testate

A

Persona who has the property and is passing it on

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15
Q

Grantee/Who received the conveyance

A

The person who gets the property.

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16
Q

Freehold Types of Property

A
  1. Fee Simple Absolute
  2. Fee Tail
  3. Life Estate
  4. Leasehold
17
Q

Defeasible Types of Estates

A
  1. Fee Simple Determinable
  2. Fee Simple Subject to Condition Subsequent
  3. Fee Simple Subject to Executory Limitations
18
Q

Fee Simple Absolute

A
  • Important Wording: “To A (and his heirs)”

* There is no end to this possession.

19
Q

Fee Tail

A

• Important Wording: “To A and the heirs of his body”

20
Q

Life Estate

A

• Important Wording: “To A for life”

21
Q

Leasehold

A

• Important Wording: “To A for XX years”