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.
An heir is generally considered to be someone who receives money or property from a deceased person. In legal terms, heirs are the next of kin and are the people who would normally benefit if the person died without leaving a will (deceased “intestate”). The succession of heirs is based on direct descendants such as children or grandchildren. Other relatives, such as sisters and brothers or aunts, uncles, nieces, nephews, and cousins, are called page heirs. An heir is a parent who is legally entitled to an inheritance from the estate of a deceased relative if the testator did not have a legal will. “He raised me as his.” TRUTH: Unless you were legally adopted or named in the will, you do not have the right to inherit the estate. While the term “inheritance” legally refers to a person who receives the property of a deceased person without inheritance, the word “inheritance” is often used in everyday language to describe those who inherit property, as determined 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. Heirs may appeal to the court by filing an application during the pending nature of the estate or later a fiduciary duty claim if wrongdoing is discovered after the estate closes. Such a process can be costly and before filing a petition or legal action, a careful analysis of possible causes of action should be done by competent legal counsel in lieu of the estate. A trustee may be subject to judicial review if a beneficiary alleges misconduct that may occur during or after the term of the trust, subject to the limitation period. These guidelines on the legal heir only apply to people who have died without a will.
If you interpret them, I hope you will have an idea of how the court would decide on your behalf. However, you can intentionally distribute your assets and assets to your intended beneficiaries by completing estate planning. A beneficiary is a person who is legally designated (by the donor or owner) to receive property from an estate. It`s important to understand the role a beneficiary plays in your estate plan and the rights they have to the assets or real estate they want to inherit. Deciding who to nominate can often seem a bit overwhelming, but our guide can help you determine who should be your beneficiary. Lawyers are typically hired by the executor or administrator to handle various legal deposits, and an accountant to assist with bookkeeping and tax returns. Lawyers` fees are also determined by court regimes with extraordinary fees when litigation or complex business aspects of the estate arise.