A devisee is a person who receives property through a will. This includes anyone who is alive at the time the will is made, as well as embryos, unless specific laws state otherwise. Generally, if someone can acquire property through their efforts, they can also be a devisee.
The term "devisee" is primarily used in estate planning and probate law. It plays a crucial role in the distribution of a deceased person's assets according to their wishes as outlined in a will. Understanding who qualifies as a devisee is important for ensuring that the estate is settled correctly and that all legal procedures are followed. Users can benefit from legal templates offered by US Legal Forms to create wills and manage estates effectively.
Here are a couple of examples of abatement:
Example 1: If John writes a will stating that his house is to be given to his daughter, Sarah, then Sarah is the devisee of that property.
Example 2: A will may specify that a trust fund is to be established for a grandchild who has not yet been born, making that future grandchild a devisee (hypothetical example).
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Allows for both living and unborn devisees. |
| New York | Requires specific language in the will for unborn devisees. |
| Texas | Recognizes devisees as including any person capable of holding property. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Devisee | A person who receives property through a will. |
| Beneficiary | A person entitled to receive benefits from a trust or insurance policy, which may or may not include property from a will. |
| Heir | A person legally entitled to inherit property when someone dies without a will. |
If you are named as a devisee in a will, it is important to understand your rights and responsibilities regarding the property you are to receive. You may want to:
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| Attribute | Details |
|---|---|
| Definition | A person who receives property through a will. |
| Legal Context | Used in estate planning and probate law. |
| Eligibility | Must be a person or entity capable of holding property. |
If a devisee dies before the person who made the will (the testator), the property may pass to their heirs unless the will specifies otherwise.