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Dictionary of Law |
heir :: legal definitionHeir - n. one who acquires property upon the death of another, based on the rules of descent and distribution, namely, being the child, descendant or other closest relative of the dear departed. It also has come to mean anyone who "takes" (receives something) by the terms of the will. An heir cannot be determined until the moment of death of the person leaving the property, since a supposed beneficiary (heir apparent) might die first. A presumptive heir is someone who would receive benefits unless a child was later born to the current owner of the property the presumptive heir hopes to get someday. A legally adopted child gains the chance to be an heir upon adoption as if he/she were the natural child of the adoptive parent or parents and is called an adoptive heir. A collateral heir is a relative who is not a direct descendant, but a brother, sister, uncle, aunt, cousin, nephew, niece or a parent. It is noteworthy that a spouse is not an heir unless specifically mentioned in the will. He/She may, however, receive an inheritance through marital property or community property laws. A child not mentioned in a will can claim to be a pretermitted heir, i.e. inadvertently or accidentally omitted from the will, and can claim he/she would (should) have received as an heir. See also: descent and distribution heir apparent heirs of the body pretermitted heir succession will and Related Law Terms ↓ Related Law Termsad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litemadoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. community property :: n. property and profits received by a husband and ... and distribution separate property competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture foster child :: n. a child without parental support and protection ... local government or a state agency. free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Hhabeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions. half blood :: 1) adj. sharing one parent only. 2) n. a half brot ... icularly Native American and white. harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir heiress :: n. feminine heir, often used to denote a woman who ... in the "department store heiress." heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds. hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement. |