Devisee

A devisee is an individual who inherits real estate through a will, typically designated in the will of the deceased.
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Devisee

A devisee is a person or entity that inherits real estate through the provisions of a deceased person’s will. The term is most commonly used in the context of real estate transfers upon death, distinguishing it from legatees, who inherit personal property. The designation of a devisee is a fundamental part of estate planning, reflecting the wishes of the deceased (the testator) as articulated in their will.

Examples

  1. Family Member Devisee: John Smith, the owner of a house, drafts a will in which he states that his daughter, Jane Smith, will receive the house upon his passing. In this case, Jane Smith is the devisee.
  2. Charitable Organization Devisee: Sarah Brown leaves her property to the local animal shelter in her will. The animal shelter becomes the devisee of her real estate.
  3. Friend as a Devisee: Michael Owens designates his best friend, Peter Johnson, to inherit his vacation home via his will. Peter Johnson is the devisee in this context.

Frequently Asked Questions (FAQs)

Q1: Can a devisee refuse to accept the inheritance?

  • A1: Yes, a devisee can disclaim or refuse to accept the inheritance, often through a legal process called a disclaimer. The property typically passes to the next eligible heir or follows the default instructions set forth in the will.

Q2: What happens if the devisee dies before the testator?

  • A2: If the devisee dies before the testator, the will’s terms usually dictate to whom the property should pass. If no alternate devisee is named, the property may become part of the residuary estate and be distributed under default estate laws.

Q3: Are devisees responsible for any debts on the inherited property?

  • A3: Yes, devisees may be responsible for mortgage obligations and other debts tied to the property. These typically need to be settled before the property can be fully transferred.

Q4: How is a devisee different from a legatee?

  • A4: A devisee specifically inherits real property, whereas a legatee may inherit personal property. The term “beneficiary” can encompass both but lacked specificity in the type of inheritance.

Q5: Can a devisee be a non-profit organization?

  • A5: Yes, a devisee can be an individual, a corporation, a non-profit organization, or any entity legally capable of owning real estate.
  • Testator: The person who has written and executed a last will and testament that is in effect at the time of their death.
  • Legacy (Legatee): A gift of personal property (other than real estate) left to someone in a will.
  • Residuary Estate: The portion of an individual’s estate that is left after specific gifts are made.

Online References

Suggested Books for Further Studies

  • “Estate Planning Basics” by Denis Clifford
  • “Wills, Trusts, and Estates for Legal Assistants” by Gerry W. Beyer
  • “The Executor’s Guide: Settling a Loved One’s Estate or Trust” by Mary Randolph
  • “Estate Planning for Dummies” by N. Brian Caverly and Jordan S. Simon

Fundamentals of Devisee: Real Estate Inheritance Basics Quiz

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