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Simple English definitions for legal terms
haereditas
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A quick definition of haereditas:
Haereditas: A Latin word that means inheritance. In Roman law, it referred to the property and possessions that were passed down to someone after a person died. This could happen whether or not the person had a will. There were different types of inheritances, like ones that were passed down by law or by a person's will. Sometimes, an inheritance could be a burden if it had more debts than assets. If no one claimed an inheritance, it could become an escheated estate.
A more thorough explanation:
Definition: Haereditas is a Latin term that refers to an inheritance by universal succession to a decedent. This means that the person who inherits the property becomes the owner of all the assets and liabilities of the deceased person. It applies whether the decedent died testate (with a will) or intestate (without a will), and whether in trust for another or not.
Examples:
- Hereditas damnosa: This refers to an inheritance that has more debts than assets. For example, if a person inherits a property that has a mortgage that is higher than the value of the property, it is considered a burdensome inheritance.
- Hereditas jacens: This refers to property belonging to an estate before an heir accepts it. For example, if a person dies and leaves a will, but the heir has not yet accepted the inheritance, the property is considered to be in abeyance.
- Hereditas legitima: This refers to a succession or inheritance that devolves by operation of law rather than by will. For example, if a person dies without leaving a will, their property will be distributed according to the laws of intestacy.
- Hereditas luctuosa: This refers to a sad or mournful inheritance that disturbs the natural order of mortality. For example, if a parent inherits their child's estate, it is considered a sad inheritance.
- Hereditas paterna: This refers to a succession that descends through the father. For example, if a person inherits property from their father, it is considered a hereditas paterna.
- Hereditas testamentaria: This refers to succession to an estate under a decedent's will. For example, if a person leaves a will and specifies who should inherit their property, it is considered a hereditas testamentaria.
These examples illustrate the different types of inheritance that fall under the category of haereditas. They show how the inheritance can be burdensome, sad, or even open to the first occupant if there is no legal owner. They also show how the inheritance can be distributed according to the laws of intestacy or a decedent's will.