Also known as: devise · descent · inheritance · succession
Written by attorneys · grounded in primary & secondary sources — see below
A method of transferring real property at death either by will or by intestate succession. Title passes without a deed from the transferor though a fiduciary may execute one to perfect title.
Dominic Drake and his wife held their home as tenants by the entirety. While divorce proceedings were pending Dominic executed a will leaving his interest in the house to his sister. Dominic died before the divorce was final. Title passed by operation of law to his surviving spouse rather than under the will.
Diana Delgado executed a will that devised her investment portfolio to the trustee of a revocable trust she had created years earlier. The trust instrument was identified in the will and already held some assets. Upon Diana's death the portfolio passed directly into the trust for administration according to its terms.
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Derek Douglas died owning rural acreage without a will. Under the applicable statute of descent the land passed by operation of law to his two children as tenants in common. No deed from Derek was required to complete the transfer.
Damian Decker's brother forged documents to prevent Damian from learning of their mother's terminal illness. As a result Damian was unable to visit or receive a promised bequest. Damian sued the brother for tortiously interfering with his expected inheritance.
Dixon Foods merged into Dominion Capital. A bequest in a will that had named Dixon Foods as beneficiary remained payable after the merger. The gift inured to Dominion Capital as the surviving entity.
Dolores Diaz a resident of State A owned real property in State B. Her will devised the parcel to a niece. A court in State A applied the law of State B including its choice-of-law rules to determine whether the devise was valid.
Title passes by operation of law to the surviving joint tenant. The will has no effect on that nonprobate property absent wrongful conduct or unjust enrichment.
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Yes. The devise is valid if the trust is identified in the will and its terms are set forth in a written instrument executed before concurrently with or after the will.
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It transfers by operation of law under statutes of descent and distribution. No deed from the decedent is required though a fiduciary may execute one to perfect title.
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The prevented heir may recover damages for loss of the inheritance from the person who used fraud duress or other tortious means to interfere.
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…theory and utility of our federalism are revealed, for the States may perform their role as laboratories for experimentation to devise various solutions where the best solution is far from clear. See San Antonio Independent School Dist. v. Rodriguez , 411 U. S. 1, 49-50 (1973); New State Ice Co. v. Liebmann , 285 U. S.…