The term "next devisee" refers to the person designated to receive the remaining interest in an estate that is held in tail. An estate in tail is a type of property ownership that limits inheritance to specific heirs. This means that the next devisee is the individual who will inherit the property once the current holder's interest ends.
The concept of the next devisee is primarily used in estate planning and probate law. It is relevant when discussing the distribution of property after someone's death, particularly in cases involving estates in tail. Understanding who the next devisee is can help in determining how an estate will be divided and managed. Users may find legal forms and templates useful for drafting wills or trusts that specify the next devisee.
Here are a couple of examples of abatement:
Example 1: A person creates a will that states their property will be passed to their child, who will hold it in tail. Upon the child's death, the next devisee, as specified in the will, will inherit the property.
Example 2: A trust document names a next devisee to inherit a family estate once the current trustee passes away. This ensures the property remains within the family lineage. (hypothetical example)
| State | Notes |
|---|---|
| California | California allows for the creation of estates in tail, but they are less common due to modern estate planning practices. |
| New York | New York recognizes estates in tail, but it is advisable to consult an attorney for specific guidance on inheritance rights. |
| Texas | Texas has specific laws regarding the transfer of property through wills, which may affect the designation of next devisees. |
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 property through a will. | A next devisee specifically refers to the heir in an estate in tail. |
| Heir | A person legally entitled to inherit property. | An heir may inherit under intestacy laws, while a next devisee is designated in a will. |
If you are involved in an estate that includes a next devisee, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by attorney and complexity of the estate. |
| Jurisdiction | State-specific laws apply. |
| Possible Penalties | Failure to follow legal requirements can result in disputes over inheritance. |
A devisee is a person who receives property through a will.