When a person dies testate, her real property will
Question & Answer
Review the question and all answer choices
escheat to the government.
A is incorrect because escheat occurs when there are no heirs or beneficiaries to inherit property, causing it to revert to the government. This only happens when someone dies without a will and without any legal heirs, which is not the case in testate death.
pass to the next of kin.
B is incorrect because property passing to next of kin occurs only when someone dies intestate (without a will). In testate death, the will dictates who receives the property, not the laws of intestate succession.
descend to the survivors.
pass to the devisees.
D is incorrect because while devisees do receive property in a will, the term 'descend' more accurately describes the legal process of real property passing through inheritance. Real property specifically descends, while personal property is bequeathed to devisees.
Why is this correct?
C is correct because when someone dies testate, their real property descends to the survivors according to the terms specified in their will. 'Descend' specifically refers to the passing of real property through inheritance, which is controlled by the will in testate cases.
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