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What is a Legatee? A Comprehensive Guide to Your Legal Rights
Definition & Meaning
A legatee is an individual or organization designated in a will to receive a specific gift of property or money after the death of the person who created the will. While the term traditionally referred to those receiving personal property, it is now commonly used to describe anyone who inherits assets under a will, regardless of whether those assets are personal or real property. A legatee is often synonymous with the term beneficiary.
Table of content
Legal Use & context
Legatees play a crucial role in estate planning and probate law. When a person passes away, their will outlines how their property should be distributed. Legatees are the individuals or entities named to receive these gifts. Legal contexts where the term is relevant include:
Estate planning
Probate proceedings
Trust administration
Users can often manage these processes themselves using legal forms provided by services like US Legal Forms, which offer templates for wills and related documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: John names his sister, Mary, as the legatee of his car in his will. After John's passing, Mary inherits the car as specified.
Example 2: A charitable organization is designated as the legatee to receive a monetary gift from a deceased individual's estate (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Legatee Rights
California
Legatees must be explicitly named in the will to inherit.
New York
Legatees can contest a will if they believe they were unfairly omitted.
Texas
Legatees have rights to property specified in the will, even if not formally designated as beneficiaries.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Beneficiary
A broader term that includes anyone receiving benefits from a will, trust, or insurance policy.
Devisee
A person who receives real property (land or buildings) through a will.
Heir
A person entitled to inherit property under the laws of intestacy when there is no will.
Common misunderstandings
What to do if this term applies to you
If you are named as a legatee in a will, you should:
Review the will to understand what you are entitled to receive.
Consult with an estate attorney if you have questions about your rights or the probate process.
Consider using US Legal Forms to access templates and resources related to estate management.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
They may be subject to estate taxes based on the value of the inheritance.
Legatees should be clearly named in the will to ensure their rights.
Key takeaways
Frequently asked questions
A legatee is specifically named in a will to receive property, while a beneficiary can receive benefits from other legal documents, such as trusts or insurance policies.
Yes, a legatee may contest a will if they believe they were wrongly excluded or if there are issues with the will's validity.
If a legatee dies before the person who made the will, their gift may pass to their heirs or be redistributed according to the will's terms, depending on state law.