Present Estates Pt 1 – Fee Simple
Assessment Questions
Question 1
Which of the following statements does not correctly describe one of the four key attributes of present estates and future interests?
a
An estate/interest is devisable if it can be subject to a security device, like a mortgage or deed of trust.
b
An estate/interest is descendible if it can pass to a decedent’s heirs by intestacy.
c
An estate/interest is alienable if living people can sell it to other living people.
d
An estate/interest is defeasible if it can be annulled or avoided.
An interest in real property is devisable if it can pass from one owner to another by will; security devices have nothing to do with this term. Descendible interests can pass by intestacy if the owner does not have a will; interests that aren’t descendible will either disappear or revert to the grantor if the owner dies intestate. An interest is alienable if it can pass by inter vivos transfer—i.e., from one living person to another. Property law has a strong presumption in favor of alienability. Finally, a defeasible interest can simply go away if some condition in the grant comes to pass.
Question 2
Which of the following statements about heirs is not true?
a
A person’s heirs are not fixed until that person dies.
b
Prospective heirs have an interest in whatever property that they expect to inherit in a will.
c
“Heirs” usually refers to spouses, blood relatives, and adopted children.
d
“Heirs” usually does not include stepchildren.
“Heirs” is a term of art in property law. Choices C and D correctly state the kinds of familial relationships that “heirs” does and does not include. Choice A reflects that living people do not have heirs because we can’t know who those heirs will be until a person dies. While a property owner is alive, she has prospective heirs, and those prospective heirs have no interests in her property, even if they are named in her will as intended grantees.
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