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Simple English definitions for legal terms
heir at law
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A quick definition of heir at law:
Heir at law means a person who gets the property of someone who died without a will. Each state has different rules for who can be an heir at law. The first people who can inherit are usually the spouse, children, and parents. If they are not alive, then siblings, grandparents, aunts, uncles, nieces, and nephews may inherit in that order.
A more thorough explanation:
Heir at law refers to a person who has the right to inherit the property of a person who has died without leaving a will. Each state has its own laws that determine who qualifies as an heir at law. These laws are known as intestacy laws.
When a person dies without a will, their property is distributed according to the intestacy laws of the state where they lived. The order of inheritance typically follows a hierarchy, with the closest relatives having the first right of inheritance. The order of inheritance may look like this:
- Spouse
- Children
- Parents
- Siblings
- Grandparents
- Aunts and Uncles
- Nieces and Nephews
For example, if a person dies without a will and is survived by their spouse and children, the spouse will inherit the majority of the property, and the children will receive a share of the remaining property. If the person had no spouse or children, their parents would inherit the property, and so on.
Understanding who qualifies as an heir at law is important because it determines who will inherit a person's property if they die without a will. It is also important to note that the laws regarding inheritance can vary from state to state, so it is essential to consult with an attorney to understand the specific laws in your state.