by csnow3


keywords:
Bookmark and Share



Front Back
Decendent
A dead person
Testate and Intestate
A decendant dies "testate" if he or she dies with a will.  A decendent dies "intestate" if he or she dies without a will.
Heirs
People who inherit real property from a decedent who dies intestate (without a will).Identified by statute in each state. Because heirs are determined at the time of death, living people have no heirs -only heirs apparent

Devise and Devisees
To 'devise" is to pass real property by will. The person receiving property is a "devisee". Not the same as heirs.  A will does not create any interest in property until the testator dies.
Bequest and Bequeath
To "bequeath" is to pass personal property by will.  A decedent who dies testate bequeaths personal property to those named in the will.  The property itself is called a "bequest."
Issue
A person's lineal descendants all the way down the line. All lineal descendants to the point where the biological line dies out.
Ancestors
A person's biological forebears all the way up the line.
Collaterals
All blood relatives other than issue and ancestors,i.e., siblings, cousins, aunts, uncles, nieces and nephews.
Escheat
If a decedent has no heirs or devissees, the interest in land escheats to the state.
Convey
A person conveys land when that person transfers it to someone else by sale or by gift.  Called a conveyance.
Possessory estate
Owner of the right to possess the land now, in the present, owns the possessory estate
Future Interest
The owner of the right to possess a land in the future owns a future interest.
Fee Simple
largest of the four possessory estates; has no inherent ending - that is, no ending that is built into the estate by its very "nature."
O to A and [his or her] heirs.
Words of purchase
"to A"
refers not to a sale but simply to a conveyance, whether by sale or by gift
Words of limitation
"and [his/her] heirs" 
Tells you what kind of estate the grantee is receiving. 
Fee tail
An interest that passes automatically to the holder's issue (lineal descendants) upon the holder's death and that ends when the last lineal descendant dies.
Pur autre vie
If A conveys her life estate to B, B has a life estate pur autre vie.\
"for the life of another"
The life estate
The owner of a life estate has only the right to possess the property in his or her lifetime.
Term of years
last of the four possessory estates - commonly known as a lease.
non-freehold estate - leasholder can only use the land during the period of the lease.  
"O to A for 10 years"
Seisin
The right to possession of land accompanied by particular responsibilities such as the payment of taxes.
x of y cards