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LSDefine
Simple English definitions for legal terms
disentail
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A quick definition of disentail:
Disentail: When someone owns a piece of land, they might have certain rules about who can inherit it after they die. This is called a fee tail. But sometimes these rules can be too complicated or restrictive. Disentail is the process of changing these rules so that the land can be inherited more easily. In most states, there are laws that allow people to do this. It's like taking off a heavy backpack so you can walk more easily.
A more thorough explanation:
Definition: Disentail is the process of changing a fee tail into a fee simple. Fee tails are property interests that can only be passed down to the owner's children. However, they are not very useful in modern times, so many states have laws that allow people to convert them into fee simple property interests. Fee simple means that the land is owned completely, without any limitations or conditions.
Example: In Alabama, it is not allowed to create new fee tails. If someone has a fee tail, they can turn it into a fee simple by transferring it to a straw man. This means that they sell the property to someone else, who then sells it back to them as a fee simple. Once this is done, the property can be sold or transferred like any other property.
Explanation: This example shows how someone can use a straw man transaction to disentail their property. By selling it to someone else and then buying it back, they can change the property interest from a fee tail to a fee simple. This makes the property much more valuable and easier to sell or transfer.