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Understanding Residuary Devise: Key Insights into Estate Planning
Definition & Meaning
A residuary devise is the portion of a deceased person's estate that remains after all specific gifts and bequests have been distributed. In simpler terms, it refers to what is left over after all other property designated in a will has been given out. The term "devise" itself refers to the act of transferring property through a will. A general residuary devise includes all types of property interests, whether they are known or unknown, unless explicitly stated otherwise in the will.
Table of content
Legal Use & context
In legal practice, a residuary devise is primarily used in the context of estate planning and probate law. It plays a crucial role in determining how a person's remaining assets are distributed after their death. Understanding residuary devises is essential for individuals drafting wills, as it helps ensure that their intentions regarding asset distribution are clearly articulated. Users can manage this process effectively with legal templates, such as those provided by US Legal Forms, which are crafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a person's will specifies that their house and car are to go to specific individuals, any remaining assets, such as bank accounts or personal belongings, would be distributed as part of the residuary devise.
Example 2: A will states that "I leave my jewelry to my sister, and the rest of my estate to my children." Here, the jewelry is a specific devise, and everything else, including any property acquired after the will was written, is part of the residuary devise. (hypothetical example)
State-by-state differences
State
Notes
California
California law generally follows the same principles regarding residuary devises, but specific state laws may affect distribution.
New York
New York has specific statutes that outline how residuary devises are handled, particularly regarding debts and taxes.
Texas
Texas law allows for residuary devises but may have different implications for community property.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Specific Devise
A specific gift of a particular item or asset in a will.
Unlike a residuary devise, a specific devise refers to individual items rather than the remainder of an estate.
General Devise
A type of gift that is not tied to a specific item but rather a general category of assets.
A general devise may include a broader classification of property, while a residuary devise includes what is left after all specific and general devises are fulfilled.
Common misunderstandings
What to do if this term applies to you
If you are in the process of drafting a will or managing an estate, it is essential to clearly outline your residuary devise to avoid confusion. Consider using legal templates from US Legal Forms to ensure your documents are comprehensive and compliant with state laws. If your situation is complex or involves significant assets, consulting a legal professional may be beneficial to navigate the intricacies of estate law.
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