Flashcards in Princples 4 Deck (47)
The deceased can name the property’s new owners in a document called?
-A person who dies without having made a will.
-Legal determination of property ownership
A document made by an owner of property who is legally competent to do so, to pass title to the property to another after death.
-The person making a will
The transfer of title to real estate by a will
Define Devisor and Devisee
-Devisor= property owner
-Devisee= Person receiving the property by will
Bequest of legacy
- transfer of property by will, particularly personal property
- recipient of Personal property by will
-A document that can add or amend provisions on a will
Community property intestate succession
-1/2 already belongs to surviving spouse
-Remaining 1/2 goes to surviving spouse after decedent’s liabilities have been paid.
Community property with right of survivorship interstate succession
If there is a surviving spouse, surviving spouse takes entire property.
Separate property surviving spouse no child intestate succession
-surviving spouse take 1/2
-surviving parent, brother or sister, or child of deceased brother or sister, or (if none of these) spouse takes 1/2
Separate Property surviving spouse and one child intestate succession
-Surviving spouse takes 1/2
-Child takes 1/2
Separate property surviving spouse and more than one child intestate succession
-surviving spouse takes 1/3
-children divide 2/3 equally
Separate property no surviving spouse or child intestate succession
-Property is distributed to next of kin in order prescribed by California law, if no heirs can be located, the property will escheat to the state
What are the two types of wills currently recognized in California
Witnessed wills- written document, normally prepared by an attorney and signed by a testator in the presence of at least two witnesses.
Holographic wills- One written by hand, dated, and signed by the testator. Does not need to be witnessed but must be entirely handwritten.
Court process that determines the decedent’s heirs and creditors, pays debts owed by the estate, and transfers title to any remaining property from the decedent to the decedent’s heirs.
Refers to an increase in the property owned.
The process by which land adjacent to a flowing body of water accumulates new soil.
Alluvion or alluvium
Buildup of new soil
Land lost through natural force
Process which precipitation wears away the surface of the soil.
Increases the adjacent owner’s property through water receding permanently and uncovering more (new) land.
-Must occupy the land OPENLY and NOTORIOUSLY without hiding from anyone.
-Must occupy land without permission of owner
-Must claim title or by color of title
-Continuous possession for a period of five years
-Must pay all real property taxes during the five years of possession.
Color of title
The possession of a document erroneously appearing to convey title to the occupant.
The right to use or to travel over someone else’s land.
Occurs when a land owner devotes land to a public use.
a right to keep possession of property belonging to another person until a debt owed by that person is discharged.