Legal Definitions - residuary devisee

A residuary devisee is an individual or entity named in a will to receive any real estate (such as land, houses, or buildings) that remains in an estate after all specific gifts of real estate have been distributed, and all debts, taxes, and administrative expenses have been paid.

Essentially, the residuary devisee receives the "leftover" real property that isn't specifically given to someone else or is needed to cover estate obligations. This provision acts as a safety net, ensuring that all real property owned by the deceased is accounted for and distributed according to their wishes, even if specific bequests fail or if there is real estate not explicitly mentioned in the will.

• Example 1: Unspecified Real Estate

  Mr. Davies' will states, "My vacation home in Florida goes to my daughter, Sarah. My commercial building in downtown Chicago goes to my son, Michael. All other real property I own at the time of my death shall go to my niece, Emily." When Mr. Davies passes away, it is discovered that he also owned a small, undeveloped plot of land in Texas that he had inherited years ago and never specifically mentioned in his will. Because this plot of land was not specifically devised to Sarah or Michael, it would pass to Emily as the residuary devisee, fulfilling the "all other real property" clause.

• Example 2: Failed Specific Devise

  Ms. Rodriguez's will includes a specific provision: "My primary residence shall go to my dear friend, David." The will then states, "Any remaining real estate, including any specific devises that fail for any reason, shall go to my brother, Carlos." Tragically, David passes away before Ms. Rodriguez. Since the specific gift to David cannot be fulfilled and no alternate beneficiary was named for the residence, the primary residence would then fall into the "remaining real estate" category and be transferred to Carlos as the residuary devisee.

• Example 3: Estate Liquidation and Remaining Assets

  The will of Dr. Lee specifies several cash bequests to various charities and individuals. It also directs that his investment properties in California be sold to cover estate taxes and administrative costs. After all these obligations are met and specific cash gifts are distributed, the will states, "Any real property remaining in my estate shall be transferred to my nephew, Ken." If, after selling the investment properties and paying all expenses, there is still a small cabin in the mountains that Dr. Lee owned and which was not needed for liquidation, Ken would receive this cabin as the residuary devisee.