TEXT NOT REPRODUCIBLE IN ASCII]) [Article 15: Prior to payment of the inheritance tax, the estate shall not be divided or paid to heirs or devisees
, and no title to any of the estate property shall be transferred.
Section 1-201(20) defines that an "[i]nterested person includes heirs, devisees
, children, spouses, creditors, beneficiaries and any others having a property right in or claim against a trust estate or the estate of a decedent.
167 provides that the depreciation deduction is to be apportioned between the estate and its heirs, legatees and devisees
on the basis of estate income allocated to each.
Even before Havoco of America, at least one appellate court ruled that the equitable defense of unclean hands did not form a basis for denying homestead protection against a devisee
As a more specific example, a devisee
may obtain a declaratory judgment that a probated will entitles the devisee
to a specific percentage of the net estate.
A disclaiming heir or devisee
has ultimate control as to how the property is to be distributed.
The term "transferee" includes an heir, legatee, devisee
, and distributee of an estate of a deceased person and a donee of any gift.
In contrast, a disclaiming heir or devisee
does not restore the status quo, for the decedent cannot be revived.
No person interested in an action or proceeding against the personal representative, heir at law, assignee, legatee, devisee
, or survivor of a deceased person, or against the assignee, committee, or guardian of a mentally incompetent person, shall be examined as a witness regarding any oral communication between the interested person and the person who is deceased or mentally incompetent at the time of the examination.
Current New York and New Jersey law give estate representatives broad power and control over real property not specifically devised, even though, technically, title has passed directly to an heir or devisee
After partition, one devisee
would sell his partitioned parcel, which would include the personal residence.
201(9), the trust is the residuary devisee
of the estate.