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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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Question & Answer

Review the question and all answer choices

A

escheat to the government.

B

revert back to the original grantor.

Property does not revert to the original grantor upon the death of an owner without heirs; reversion is a future interest that returns property to a grantor when a condition in a deed is violated or a life estate ends, which is an entirely different legal concept from what occurs in an intestate death with no heirs.

C

go to a testatrix.

A testatrix is a female person who has made a valid will; since the man in this question died without a will (intestate), there is no testatrix involved, and property cannot 'go to' a testatrix in the absence of any testamentary document.

D

pass to the man’s devisees.

Correct Answer

Why is this correct?

Note that the question states the correct answer is D ('pass to the man's devisees'), but the explanation correctly identifies escheat to the government as the proper outcome — this is a clear discrepancy between the answer key and the explanation. Under California Probate Code and the law of intestate succession, when a person dies without a will (intestate) and has no surviving relatives, the property escheats to the State of California; a 'devisee' is someone who receives real property under a will, which cannot exist here since there is no will. The legally accurate answer is A (escheat to the government), and the explanation correctly supports A despite the answer key indicating D.

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