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A man died without a will and with no sur- viving relatives. His four-acre farm will

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Audio Lesson

Duration: 2:42

Question & Answer

Review the question and all answer choices

A

escheat to the government.

B

revert back to the original grantor.

C

go to a testatrix.

D

pass to the man’s devisees.

Correct Answer

Why is this correct?

Property escheats to the state when there is no will and no heirs.

Podcast Transcript

Full conversation between instructor and student

Instructor

Hey there, welcome back to our real estate license exam prep podcast. Today, we're diving into a real estate math question that's actually quite easy but can be tricky if you don't understand the concept. Let's hear what you think about this one.

Student

Sure, I'll give it a shot. The question is about a man who died without a will and has no surviving relatives. It asks what happens to his four-acre farm.

Instructor

Exactly! This question is testing your understanding of intestate succession and property distribution when someone dies without a will. It's a crucial concept in real estate practice because agents often deal with estate situations.

Student

Right, so what's the correct answer? I'm guessing it has to do with the property passing to someone.

Instructor

That's a good start. The correct answer is D: pass to the man’s devisees. This term 'devisees' is the legal term for beneficiaries who inherit property under a will, but it can also refer to heirs when no will exists.

Student

Oh, I see. So even though he died without a will, his property still goes to someone?

Instructor

Exactly. The question specifies that he has no surviving relatives, but it doesn't say there are no heirs at all. That's why escheat, which is option A, is incorrect. Escheat only occurs when there are absolutely no heirs, relatives, or beneficiaries of any kind.

Student

Got it. And what about the other options? Why are they wrong?

Instructor

Option B, reverting back to the original grantor, is incorrect because property doesn't automatically revert to prior owners upon death. Option C, going to a testatrix, is wrong because a testatrix is a woman who makes a will, which contradicts the scenario of dying without a will.

Student

That makes sense. So, to avoid picking the wrong answers, should I think about 'dies without a will' as 'intestate succession'?

Instructor

Absolutely. That's a great memory technique. When you see 'dies without a will,' immediately think 'intestate succession' to heirs, not automatic escheat. Only choose escheat if the question explicitly states there are absolutely no heirs of any kind.

Student

Thanks for the tip! It helps to have a clear strategy.

Instructor

You're welcome. Remember, property distribution can be like a game of musical chairs with inheritance. When the music stops (death without a will), people (heirs) sit in the chairs (inherit property). Only when absolutely no one is left does the government gets the chair.

Student

That's a great way to visualize it. Thanks for explaining this one, it's a lot clearer now.

Instructor

You're welcome! Keep up the good work, and remember, practice makes perfect. Good luck on your exam!

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