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when a decedent has a will |
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when a decedent doesn't have will |
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pass real property by will |
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people who inherit real property from decedents who dies testate |
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to pass personal property by will |
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personal property passed by a will |
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a person's lineal decedents "down the line (children, grandchildren, great grandchildren, etc) |
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relatives "up the line" (parents, grand parents, great grandparents) |
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all blood relatives other than issue and ancestors (siblings, cousins, aunts/uncles, nieces/nephews) |
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if a decedent has no heirs or devisees, the interest in land passes (escheats) to the state. |
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people who inherit real property from decedents who die intestate. People are heir apparents until death. |
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when a person transfers land to someone else, whether by sale or gift. |
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When does a will create interest in property? |
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holding the current right to possess land |
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holding a future right to possess land. |
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What are the 2 kinds of information on possessory estates? |
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Nature and added limitation. |
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Nature of possessory estate |
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the duration of the estate |
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What are the 4 kinds of possessory estates? |
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the fee simple, the fee tail, the life estate, and the term of years. |
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an interest that can continue forever. Words of Limitation: "and his/her heirs" |
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part of a conveyance that identifies the grantee, such as "to A". |
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the part of a conveyance that identifies the nature of the estate conveyed. |
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an interest that passes automatically to holder's issue upon holder's death and that ends when the last lineal descendant dies. Words of limitation: "heirs of his/her body" |
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an interest that will end upon the death of the person whose life is designated as the measure of life. Words of limitation: "for life" |
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a lease for a designated period of time. words of limitation: "for x years" |
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if the grantor has describes an estate's duration by the occurrence of a condition or event. |
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subject to a condition subsequent |
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an estate whose natural duration may be cut short by the happening of an event or condition allowing the grantor to retake the property. |
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until, while, so long as, during |
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subject to conditional subsequent terms |
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but if, provided that, on condition that, however |
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