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Simple English definitions for legal terms
inheritance
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A quick definition of inheritance:
Inheritance means getting property from someone who has died. If the person who died did not leave a will, the property is given to their family members according to the law. The spouse and children usually get the property first, and if there are no living family members, the property goes to the state. Each state has different rules for who gets the property.
A more thorough explanation:
Inheritance refers to the property that is passed down to an heir through the laws of descent and distribution. This property is acquired when a person dies without leaving a valid will or trust, and is overseen by a probate court following each state's laws of intestate succession.
- If a person dies without a will and has a living spouse, the spouse is usually entitled to the largest share of the estate.
- If a person dies without a will and has no living spouse or children, their estate would pass to the next closest relative or to the state if no relative can be found.
These examples illustrate how inheritance works when a person dies without a will. The laws of intestate succession vary from state to state, but generally, only a decedent's spouse and relatives are entitled to an inheritance.