Define: Descent

Descent
Descent
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Quick Summary of Descent

In legal terms, “descent” refers to the transmission of property or rights from one generation to the next upon the death of the owner, typically in accordance with laws of inheritance or succession. Descent can involve the passing of assets to heirs through intestacy laws when there is no valid will, or it can occur according to the terms outlined in a will or trust document. Descent laws vary depending on jurisdiction and can be influenced by factors such as familial relationships, the existence of surviving spouses or children, and the presence of any estate planning documents.

What is the dictionary definition of Descent?
Dictionary Definition of Descent
n. the rules of inheritance established by law in cases in which there is no will naming the persons to receive the possessions of a person who has died. The rules of descent vary somewhat from state to state and will usually be governed by the law of the state in which the deceased party lived. Depending on which relatives survive, the estate may go all or in part to the surviving spouse, and down the line from a parent to children (or if none survive, to grandchildren), or up to surviving parents, or collaterally to brothers and sisters. If there are no survivors among those relatives, then aunts, uncles, cousins, nieces and nephews may inherit, depending on their degree of kinship (closeness of family relationship), state laws of descent and distribution, or whether the deceased person lived in a community property state, in which the wife has a survivorship right to community property.
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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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