13 novembre 2022

Legal Term for Heirship

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PATRIMONY, TESTAMENTARY, CIVIL LAW. A testamentary heir is a person who is considered an heir by will in the form prescribed by law. He is thus called upon to distinguish him from the legal heirs designated by law to the succession; and conventional heirs, who are thus formed by a contract between living persons. See Haeres factus; Legatee. HERITAGE, UNCONDITIONAL. Term used in civil law and borrowed from the Civil Code of Louisiana. Unconditional heirs are those who inherit without reservation or inventory, whether their acceptance is express or implied. Code civ. by Lo. 878.

Although the general meaning of the term « inheritance » is simply a person who is entitled to some or all of the property or assets of a deceased person, certain legal aspects of the different types of heirs must be taken into account. 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. An heir is a person who is legally identified as a person who is entitled to be the beneficiary of the estate assets when no will or trust is available. Dying without estate planning is called a dying estate, and in cases where this happens, state law dictates how an estate is passed and which heirs are entitled to assets.

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. The rights of an heir during the probate procedure depend on the type of estate planning that has been carried out. If there is a will and it is valid, an heir does not necessarily have rights. The estate plan would determine who is entitled to what inheritance. That is, if there is no valid will, the law of the state we have been talking about comes into play in determining the order of succession. In a trust or will, the inheritance rights of an heir are specifically defined. In the absence of a formal estate plan, heirs are legally considered to be the next of kin. This means that if an estate owner dies without a will or trust, their heirs are entitled to the property and assets of the estate. As already mentioned, succession is dictated by state law, but in most cases it follows spouses – children – descendants – close relatives. 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. Kind.

883. While the term « heir » legally refers to a person who receives the property of a deceased person without inheritance, the term « inheritance » is often used in everyday language to describe those who inherit property, as defined in a will. Strictly speaking, however, this use of the word is factually inaccurate, since the correct term for such a person is a « beneficiary, » which legally defines a person authorized to collect property, as required by a will, trust, insurance policy or other binding agreement. Before continuing, two terms that help to understand the differences between an heir, a beneficiary, a legatee and a beneficiary are: Nor are they limited by definitions of who is an heir and who is not. Wills and trusts allow you to designate a person as the beneficiary of your choice, as long as the usual rules necessary for the legal validity of these documents are respected. 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.

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