Florida Broker Practice Exam

Which of the following is a type of voluntary alienation?

1. Descent

2. Escheat to state

3. Will

4. Eminent domain

The correct answer is: Will

Voluntary alienation refers to the intentional transfer of property rights from one party to another. A will is a legal document through which an individual expresses their wishes regarding the distribution of their property upon their death. By creating a will, the individual actively decides how their assets will be transferred to heirs or beneficiaries, rather than allowing the state’s intestacy laws to dictate that process. This act reflects the voluntary nature of the transaction, as it is a deliberate choice made by the property owner. Descent involves property being passed on to heirs when someone dies without a will, which is an involuntary transfer. Escheat to the state occurs when property owners die without heirs or a will, causing their property to revert to the state, and this is also not a voluntary choice. Eminent domain is the government's right to take private property for public use, providing compensation to the owner, but it is not a voluntary act on the part of the property owner. In contrast, the creation of a will is a proactive decision reflecting one’s personal intentions for property distribution, underscoring why it is classified as voluntary alienation.