The term "first devisee" refers to the individual who is the initial recipient of property or assets as specified in a will. This person is designated to receive their inheritance before any other beneficiaries. Understanding who the first devisee is can help clarify the distribution of an estate and ensure that the wishes of the deceased are honored.
The concept of a first devisee is primarily used in the context of estate planning and probate law. It plays a crucial role in the administration of wills and trusts, particularly in the following areas:
Users can manage the process of designating a first devisee through legal templates available from US Legal Forms, which can simplify the creation of a will or trust.
Here are a couple of examples of abatement:
Example 1: If a will states that John is the first devisee of a family home, John will inherit the home before any other assets are distributed to other beneficiaries.
Example 2: In a hypothetical example, if Sarah is named as the first devisee of a life insurance policy, she will receive the policy benefits directly upon the policyholder's death.
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Allows for multiple devisees with equal rights unless specified otherwise. |
| Texas | May require a witness to validate the designation of the first devisee. |
| New York | Has specific rules regarding the rights of devisees in contested wills. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Devisee | A person who receives a gift of real property through a will. | The first devisee is specifically the initial recipient, while a devisee may receive property later. |
| Beneficiary | A person entitled to receive benefits from a will or trust. | All devisees are beneficiaries, but not all beneficiaries are devisees. |
If you are named as the first devisee in a will, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by state and complexity of the estate. |
| Jurisdiction | State probate courts. |
| Possible Penalties | Failure to comply with will provisions can lead to legal disputes. |