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Simple English definitions for legal terms
lineal descendant
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A quick definition of lineal descendant:
A lineal descendant is someone who is directly related to a person, like their child or grandchild. When someone dies without a will, the court gives their things to their spouse and lineal descendants first. This means that if someone has kids, their things will go to their kids before anyone else. It doesn't matter if the kids were adopted or not. Lineal descendants are different from lineal ascendants, which are a person's parents and grandparents. There are also other relatives, like cousins and aunts and uncles, who are called collateral descendants.
A more thorough explanation:
Lineal descendants are the direct descendants of a person, such as their children, grandchildren, and so on. This term is often used in the context of intestate succession, which means when someone dies without a will. In such cases, courts prioritize the decedent's spouse and lineal descendants when distributing their estate.
For example, if someone dies without a will and they have a spouse and two children, the spouse and children would be considered lineal descendants. The court would prioritize them when distributing the estate.
It's important to note that states do not differentiate between biological and adopted children when it comes to lineal descendants. Both are considered equal in the eyes of the law. However, some states do not recognize biological children as lineal descendants for inheritance purposes if they have been adopted by unrelated adults.
Lineal descendants are different from lineal ascendants, which are a person's parents, grandparents, and so on. The law also recognizes collateral descendants, such as a cousin, niece, nephew, aunt, or uncle. These are lineal descendants of a sibling of a lineal ascendant.