State laws usually decide how an heir will be determined and who will inherit your estate if you don`t prepare a will. Your heir presumed in this case could be one of the following: INHERITANCE, SECURITY. A lateral heir is a person who is not in direct line with the testator, but who comes from a collateral line; such as a brother, sister, uncle and aunt, nephew, niece or cousin of the deceased. If you die without an estate plan, it is legally called a “dying estate.” In this case, the courts will intervene to appoint a personal representative who will act as executor and oversee the distribution of your estate. The heirs receive assets from the estate as defined by the intestinal laws. While your heirs may be one of many different people depending on your state of residence and circumstances. There are a number of people who are not generally considered your heir. These include the state`s intestate succession laws that determine the order in which the heirs of a deceased person inherit and the extent of the distribution that each rank of the heir receives. Bowel laws vary from state to state, but the surviving spouse and children usually inherit first. For example, in North Carolina, if the person leaves behind a surviving spouse and a child without a will, the spouse and child inherit the deceased`s estate to the exclusion of the other relatives. If there is no surviving spouse or child, the estate passes to the person`s parents, then to their siblings, and so on. You`ve probably heard this word in everyday life and have a general understanding of what it means. An heir is a person who has the right to inherit a deceased estate because they are related.

Heirs are a person`s blood relatives, surviving spouse (if any) and any adopted children. Parents, siblings, grandparents, nieces and nephews, aunts and uncles and cousins are also heirs. HEIR. Someone born in legal marriage, who, by descent and blood law, succeeds to lands, tenements or inheritances that are genetic property. It is an established legal rule that only God can make an heir. Glanville de Beame, 143; 1 Thomas, co. lit. 931; and Butler`s Note, p.

938. The word heirs is understood to mean the heirs of heirs to infinity. 1 Co. Litt. 7 b, 9 a, 237 b; Inst. de Wood 69. According to many authorities, the heir can be nomen collectivuum in both an act and a will, and act in both in the same way as heirs in the plural. 1 role. Abr. 253; Ambl. 453; Godb.

155; T. Jones, 111; Cro, Eliz. 313; 1 ridge. 38; 10 wines. Abr. 233, p. 1; 8 wines. Abr. 233; sed empty 2 Prest. on, est.

9, 10. In wills, the word heir is sometimes interpreted to mean the next of kin in order to fulfill the testator`s intention; 1 Jac. & Go ahead. 388; and children, Ambl. 273. See also on the power and meaning of this word, 2 Wind. 311; 1 p. Wms. 229; 3 Br. P. C. 60, 454; 2 pp.

1, 369; 2 Black. R. 1010; 4 ves. 26, 766, 794; 2 ATK. 89, 580; 5 Rep. East 533; 5 burrs. 2615; 11 Mod. 189; 8 wines. Abr. 317; 1 R.

T. 630; Ferry. Abr. Nachlässe en fief simple, B. 2. There are different types of heirs listed below. 3. Under civil law, heirs are divided into testamentary or designated heirs, legal heirs or blood heirs; to which the Civil Code of Louisiana added irregular heirs. They are also divided into unconditional heirs and beneficiaries. 4.

It should be noted here that there is a difference in the meaning of the word inheritance as understood by common law and civil law. In civil law, the term heir applies to all persons called to succeed, whether by the fact of the party or by operation of law. The person created by will as the universal successor was called testamentary heir; and the closest relative by blood was called the heir of the law in case of intestate succession, or inheritance by intestate. The common law executor is reminiscent of the civil law heir. Again, the administrator corresponds in many respects to the heir by intestate succession. At common law, executors, unless expressly authorized by the will and administrators, have no rights only in the personal property of the deceased; while the heir was empowered by civil law to manage personal and immovable property. 1 Brown`s Civ. Law, 344; History, Confl. of the Acts, § 508.5.

All free persons, including minors, the insane, the mentally ill or otherwise, may transfer their property ab intestato ab intestato and inherit from others. Civil Code of Lo., 945; Accord, Co. Lit. 8 a. 6. The child in the womb is considered to be born for all purposes of his own interest; He takes all open successions in his favor after conception, provided that he is able to succeed at the time of his birth. Code civ. by Lo. 948. However, if the conceived child is supposed to be born, it is only in the hope of its birth; It is therefore necessary that the child be born alive, because it cannot be said that those who are stillborn have ever inherited. No. 949.

See In ventre his mother. Intestate inheritance laws are why an estate plan, or at least a will, can be so important. The standard allocation provided by intestate inheritance laws often contrasts with how individuals actually want to distribute their assets. Without a will, intestate succession requirements apply. n. a person who acquires property after the death of another, on the basis of the rules of filiation and distribution, namely to be the child, descendant or other closest relative of the dear deceased. It also means anyone who “takes” (receives) on the terms of the will. An heir can only be determined at the time of the death of the person leaving the property, as a supposed beneficiary (heir to the throne) could die first. A deemed heir is a person who would receive benefits unless a child was later born to the current owner of the property, which the heir presumed hopes to obtain one day.

A legally adopted child has the opportunity to become an heir upon adoption as if he or she were the biological child of the adoptive parent(s) and is called the adoptive parent. A page heir is a parent who is not a direct descendant, but a brother, sister, uncle, aunt, cousin, nephew, niece or relative. It should be noted that a spouse is not an heir unless expressly mentioned in the will. However, he may receive an inheritance by matrimonial regime or matrimonial regime. A child who is not mentioned in a will may claim to be an early heir, i.e. accidentally or accidentally omitted from the will, and may claim that he or she should have received as an heir. It`s important to consider your state law when deciding whether estate planning documents should go into effect. Failure to do so can lead to legal complications for the people you wish to bequeath your property to.

HERITAGE, IRREGULAR. In Louisiana, irregular heirs are those who are neither testamentary nor legal and who have been established by law to assume the estate. See Civil Code of Lo. 874. If the testator has left no descendants, legal ancestors or secondary parents, the law requires either the surviving husband or wife, his biological children, or the State to inherit from him. Art., 911. This is called irregular succession. HERITAGE, LAW, CIVIL LAW. A legal heir is a person of the same blood as the testator who takes charge of the succession by operation of law; This is different from a testamentary or conventional heir, who takes charge of the estate according to the disposition of the person. See Civil, Code of Louis. 873, 875; Dict.

de Jurisp., Heritier legitime. There are three categories of legal heirs; children and other legitimate descendants; fathers, mothers and other legitimate ancestors; and collateral relatives. Code civ. by Lo. 883. HEIR, BENEFICIARY. Term used in civil law. Beneficiary heirs are those who have accepted the inheritance on the basis of a regularly drawn up inventory. Code civ. by Lo.

879. If the heir fears that the inheritance will be burdened with debts that exceed its value, he accepts with the help of the inventory, and in this case he is liable only for the value of the estate. See inventory, benefits of. Not all heirs are beneficiaries, as in the case of a separated adult child who is intentionally excluded from a will. Similarly, not all beneficiaries are heirs. For example, a person may designate a friend or companion to receive goods. In this case, the friend is not an heir because he would not be the recipient of the property if he were to leave intestate, because he is not a child or a direct relative of the deceased. However, this friend can be named as a beneficiary exactly as determined by the deceased`s will or other agreement.