A man died without a will and with no sur- viving relatives. His four-acre farm will
Audio Lesson
Duration: 2:42
Question & Answer
Review the question and all answer choices
escheat to the government.
revert back to the original grantor.
go to a testatrix.
pass to the man’s devisees.
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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