A real representative is the person who inherits real property from someone who has passed away. This individual can be an heir, such as a child or sibling, or a devisee, which refers to someone named in a will to receive specific property. Understanding this role is crucial, especially in matters of estate administration and property transfer after a person's death.
The term "real representative" is commonly used in estate law. It is relevant in various legal contexts, including:
Individuals acting as real representatives may need to complete legal forms and follow specific procedures, which can often be managed with tools like US Legal Forms templates designed by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: John passes away and leaves his house to his daughter, Sarah, in his will. Sarah is the real representative of the property.
Example 2: A person designated in a will to receive a specific piece of land is also considered a real representative. (hypothetical example)
One significant case that defines the term is Louisville Trust Co. v. Kentucky Nat'l Bank, 87 F. 143 (C.C.D. Ky. 1898). This case clarifies the role of real representatives in the context of inheritance and property rights.
| State | Real Representative Definition |
|---|---|
| California | Recognizes both heirs and devisees as real representatives. |
| New York | Defines real representatives similarly but may have additional requirements for probate. |
| Texas | Allows for informal probate, which can simplify the role of real representatives. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Executor | A person appointed to carry out the terms of a will, which may include managing real property. |
| Beneficiary | A person who receives benefits from a will or trust but may not have direct rights to the property. |
If you believe you are a real representative, consider the following steps:
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An executor is appointed to manage the estate according to the will, while a real representative is the person who inherits the property.