A collateral descendant refers to a relative who is not a direct ancestor or descendant of a particular individual but shares a common ancestor with them. In genealogical terms, collateral descendants are relatives who are related through siblings, cousins, aunts, or uncles, rather than through direct parentage. For example, cousins, nieces, nephews, and siblings are considered collateral descendants. Understanding collateral descendants can be important in legal matters such as inheritance, where laws may dictate how assets are distributed among family members, including those who are not direct descendants.
n. a relative descended from a brother or sister of an ancestor, and thus a cousin, niece, nephew, aunt or uncle.
Collateral descendants are relatives who are not direct descendants (children, grandchildren, etc.) but are related to a common ancestor, such as siblings, nieces, nephews, cousins, aunts, and uncles.
The legal rights of collateral descendants vary depending on the jurisdiction and the specific circumstances, but they may include inheritance rights, rights to contest wills or trusts, and potential claims in probate proceedings.
Yes, collateral descendants may inherit property under intestate succession laws if there are no direct descendants or surviving spouse, or if the decedent did not leave a valid will or estate plan specifying different beneficiaries.
Inheritance rights of collateral descendants are typically determined by state laws governing intestacy, which outline the order of priority for distributing assets among surviving relatives in the absence of a will.
Yes, collateral descendants may have standing to contest a will if they believe they have been unfairly excluded or treated unfairly in the distribution of the decedent’s assets, often on grounds such as lack of testamentary capacity, undue influence, or fraud.
Priority of inheritance among collateral descendants may be determined by factors such as degree of relationship, existence of closer relatives, and applicable state laws governing intestate succession.
Yes, the rights of collateral descendants may be subject to limitations, such as statutory time limits for contesting wills, restrictions on standing to sue, and the rights of closer relatives taking precedence under inheritance laws.
Legal documents such as wills, trusts, estate plans, and family agreements can help clarify inheritance rights for collateral descendants by specifying beneficiaries, distribution of assets, and provisions for contingent beneficiaries.
In many jurisdictions, collateral descendants can be disinherited by the decedent through a valid will or estate plan, provided the disinheritance is done in accordance with applicable legal requirements and does not violate public policy.
Collateral descendants seeking legal advice regarding inheritance rights should consult with qualified estate planning attorneys or probate lawyers who can provide guidance on applicable laws, rights, and potential legal remedies available to them.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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