Fee Tail: An In-Depth Look at Its Legal Definition and Effects

Q: In which states is fee tail still recognized?

Fee tail is still recognized in Massachusetts, Maine, Delaware, and Rhode Island.

Q: Can a property in fee tail be sold?

In some states, like Massachusetts and Maine, properties in fee tail can be sold or deeded like other properties, but restrictions may apply.

Definition & Meaning

A fee tail is a type of property ownership that restricts how the property can be transferred. Specifically, it is an estate of inheritance in real property that cannot be sold, given away through a will, or otherwise transferred by the owner. Instead, the property automatically passes to the owner's heirs upon their death. This legal concept limits the owner's ability to alienate the property, meaning they cannot freely dispose of it as they might with other types of property ownership.

Table of content

Legal Use & context

Fee tail is primarily used in real estate law. It is relevant in estate planning, inheritance, and property transfer cases. While the rule of fee tail has been abolished in most states, understanding its implications is important for those dealing with estates in states where it still exists, such as Massachusetts, Maine, Delaware, and Rhode Island. Users may find legal templates useful for drafting wills or deeds that consider fee tail provisions.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

For instance, in Rhode Island, a property held in fee tail operates similarly to a life estate. The property remains with the life tenant until their death, at which point it passes to their heirs. This means that the life tenant cannot sell or transfer the property to someone outside their family. (hypothetical example)

State-by-state differences

State	Fee Tail Status
Massachusetts	Abolished, but can be sold or deeded.
Maine	Abolished, but can be sold or deeded.
Delaware	Still recognized; restrictions apply.
Rhode Island	Recognized as a life estate with remainder to heirs.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Life Estate	A property interest that lasts for the lifetime of a specific person.	Unlike fee tail, a life estate can be sold or transferred during the owner's lifetime.
Fee Simple	The most complete form of ownership, allowing full control over the property.	Fee simple ownership does not have the transfer restrictions of fee tail.

Common misunderstandings

What to do if this term applies to you

If you own property under a fee tail, it is important to understand your rights and limitations. Consider consulting a legal professional to discuss your options, especially if you are planning your estate or considering transferring property. You can also explore US Legal Forms' templates for wills and deeds to help you navigate the process.

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Quick facts

Fee tail restricts property transfer.
Only recognized in a few states: Massachusetts, Maine, Delaware, and Rhode Island.
Heirs must be legitimate.
Can affect estate planning and inheritance issues.

Key takeaways

Frequently asked questions

What is a fee tail?

A fee tail is a type of property ownership that restricts how the property can be transferred, allowing it to pass only to heirs upon the owner's death.