Unit 7 Exam Question Flashcards
When a person dies intestate (with no will), the title to the real estate may pass to the state in an example of
The answer is involuntary alienation.
Why?
When a person dies intestate (with no will) and no heirs can be located, the title to the real estate passes to the state, an example of involuntary alienation.
Real estate that is inherited from a person who died testate is called a
The answer is devise.
Why?
The gift of real property by will is known as a devise, and the person who receives property by will is known as a devisee.
The person who makes a will is called the
The answer is testator.
Why?
The person who makes a will is called the testator.
Land lost through erosion is an example of
The answer is involuntary alienation.
Why?
Land lost through erosion is an example of involuntary alienation.
A person who dies testate has
The answer is prepared a will
Why?
indicating how the deceased’s property will be disposed of. A person who dies testate has prepared a will indicating how the deceased’s property will be disposed of.
Step 1: A decided to convey a house to B.
Step 2: A signed a deed transferring title to B.
Step 3: A gave the signed deed to B, who accepted it.
Step 4: B took the deed to the county recorder’s office and had it recorded.
At which step did title to the house actually transfer or pass to B?
The answer is Step 3.
Why?
Title in this case was transferred upon delivery and acceptance of the deed. At that moment, the deed was binding between the parties. The purchaser, when later recording the deed, was then also protected against third parties.
Generally, where does a probate proceeding involving real property take place?
The answer is in both the county where the decedent resided and the county in which the property is located.
Why?
There will be two probates conducted: one in the county where the decedent resided and another in the county where the real estate is located.
The grantee receives greatest protection with what type of deed?
The answer is general warranty.
Why?
In the general warranty—often just called warranty—deed, the grantor makes more promises and gives the grantee more covenants than in any other deed.
A sale to satisfy delinquent tax or mortgage liens is an example of
The answer is involuntary alienation.
Why?
A sale to satisfy delinquent tax or mortgage liens is an example of involuntary alienation.
A valid will devises a decedent’s real estate after payment of all debts, claims, inheritance taxes, and expenses through the
The answer is court action known as probate.
Why?
For the title to pass to the devisees, state laws require that on the death of a testor, the will must be filed with the court and probated. Probate is the legal procedure verifying the validity of a will accounting for the decedent’s assets.
Title to real estate may be transferred during a person’s lifetime by
The answer is involuntary alienation.
Why?
Transfer of title by devise (will), descent (death intestate), or escheat (for lack of a will and lack of heirs) all occur after death. Involuntary alienation, such as condemnation, foreclosure sale, or tax sale, can occur during a person’s lifetime.
