According to majority opinion, what is required for a devisee to have liens paid off?

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The majority opinion holds that for a devisee to have liens paid off from the estate, there must be an explicit provision in the testator's will directing that the debts, including any liens, are to be satisfied. This means that the testator needs to clearly indicate in the will that it is their intention for the liens to be paid from the estate's assets before the property is distributed to the devisee. The clear language in the will provides the necessary authorization to settle debts and ensures that the devisee receives the intended property free of encumbrances.

In the context of estate administration, the explicit instruction serves to inform the personal representative (executor) of the testator's wishes regarding the handling of liens. This avoids ambiguity and ensures that the estate is settled in accordance with the testator's desires. Without such explicit provisions, the general rule is that liens and debts would typically need to be addressed through other legal means, if at all supported by the testamentary documents. Therefore, this requirement underscores the importance of having a comprehensive and clearly articulated estate plan.

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