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Appointment of Successor Trustee By Original Trustee Named in a Trust AgreementI, ___ (name of trustee), am the Trustee named in the [e.g., Declaration of Trust of (name of trustor) dated (date) for

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FAQ

What is the difference between an heir and a legatee?

You may hear the terms "heir" and "legatee" used interchangeably, but the words have two different legal meanings. An heir inherits the estate of a person who died by relationship, descent, will or legal process wheras a legatee is any entity or person who received an inheritance from a will.

What is the difference between an heir and a Devisee?

Heirs are generally related to a decedent by blood, adoption, or marriage. By contrast, a devisee can receive property from a decedent simply by being designated in the decedent's Will and does not necessarily have to be related to the decedent.

What is a Devisee in probate?

Devisee. A person named in the Will to receive property of the person who died, also called a beneficiary. Unless the Will says differently, the devisee must survive the person who died by five days to receive anything. Disclaim. To refuse to accept certain property from the person who died.

What is a Devisee in real estate?

Historically speaking, a “devisee" is someone who receives real property (as opposed to personal property) from an estate. In modern times, though, a devisee usually refers to anyone who receives property by being named in a decedent's will whether they are related or not—such as a friend, as described above.

What is the difference between inheritance and receiving property by devise?

Long Answer. If you receive something because someone died and their will says that you should receive it, the proper legal term for this is a devise. You are a devisee. ... If you receive something because someone died and they didn't have a will, the proper legal term for this is an inheritance and you are an heir.

Who is a legatee in a will?

The person who makes the Will is called “Testator” and the person who inherits property under a Will is called the “legatee” or “beneficiary”.

Who is a Devisee in a will?

A person benefiting under a will is a legatee of money, or a devisee of land, and not an heir to either. A person to whom real estate is given is called a devisee; the receiver of personal property a legatee.

Can a legatee be an executor?

The person who makes the Will is called “Testator” and the person who inherits property under a Will is called the “legatee” or “beneficiary”. Some times it is quite common to find the name of a heir or family friend or a family lawyer who Will be named as “Executor” in the Will.

What is a person will?

A will is a legal document that indicates how a person wants his or her estate (money and property) to be distributed after death. ... A man who has created a will is called the testator; a woman is called a testarix. However, testator is often used in reference to both genders.

What is a Devisee and legatee?

Applying the archaic legal definitions, the difference between a legatee and a devisee is the kind of property they inherit. A legatee inherits personal property (jewelry, vehicles, cash, etc.) while a devisee inherits real property, such as the family home.

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