A man dies without leaving a valid will. He is said to have died
Audio Lesson
Duration: 2:45
Question & Answer
Review the question and all answer choices
intestate.
in fee simple defeasible.
B is incorrect because 'in fee simple defeasible' refers to a type of ownership that can be terminated if certain conditions occur, not a status at death. It describes a property interest with a potential limitation or condition.
probate.
C is incorrect because 'probate' is the court process for administering a deceased person's estate, which occurs regardless of whether they died with or without a will. It's not a status of death.
via devise.
D is incorrect because 'devise' specifically refers to property transferred by a will. Since the question states the person died without a will, they cannot have property transferred via devise.
Why is this correct?
A is correct because 'intestate' is the specific legal term for dying without a valid will. In such cases, the deceased person's property passes to heirs according to state intestacy laws rather than according to their wishes expressed in a will.
Deep Analysis
AI-powered in-depth explanation of this concept
This question tests fundamental knowledge about estate planning and property transfer, which is crucial in real estate practice. When a property owner dies without a will, the disposition of their real estate becomes a significant issue for agents, buyers, and heirs. Understanding 'intestate' status is essential because it determines how property passes by state law rather than the owner's wishes. The question directly tests the definition of dying without a will. Option A correctly identifies this as dying 'intestate.' Option B describes a type of ownership that can be terminated, not a status at death. Option C refers to the court process for validating a will, not the status of dying without one. Option D specifically refers to property transferred by a will, which is the opposite of the scenario described. This question is straightforward but highlights the importance of knowing precise legal terminology that affects property rights and transfers.
Knowledge Background
Essential context and foundational knowledge
The concept of intestacy exists in all states and establishes default rules for property distribution when someone dies without a will. These laws typically prioritize surviving spouses, children, parents, and other blood relatives in a specific order. The purpose is to provide a clear legal framework for property transfer rather than leaving heirs without guidance. In real estate transactions, agents must be aware of potential intestate situations when dealing with property owned by a deceased person, as it affects who has the legal authority to sell the property and how proceeds are distributed among heirs.
No will, intestate; property won't have to wait.
Remember this rhyme to associate the absence of a will with the term 'intestate' during the exam.
When questions mention death without a will, immediately think 'intestate.' The other options describe either different estate planning concepts or property interests, not the status of dying without a will.
Real World Application
How this concept applies in actual real estate practice
Imagine you're showing a property that was recently inherited by multiple siblings. During the conversation, one sibling mentions their father died suddenly without updating his will. As the listing agent, you recognize this as an intestate situation. You know that California's intestacy laws will determine ownership shares among the siblings and their deceased parent's other heirs. This affects how you structure the sale, as all legally entitled heirs must typically consent to the sale. Understanding the intestacy status helps you properly advise your clients about the process, potential delays, and the need for court confirmation of the sale to protect all parties.
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