When an individual passes away without a will, their property is typically inherited by their closest living relatives. However, if there are no immediate relatives, the heredes remotiores, such as cousins, aunts, uncles, or grandparents, may be entitled to inherit the property.
Heirs more remote, or relatives other than children or descendants, are referred to as heredes remotiores in Latin. In the event that someone passes away without leaving any children or grandchildren, their property or assets will be inherited by their heredes remotiores, who could be their siblings, cousins, aunts, uncles, or other more distant relatives. For instance, if a person dies without any children or spouse, their estate may be passed on to their siblings or cousins as heredes remotiores. Similarly, if a person dies without any living relatives, their estate may be inherited by the state or government as the heredes remotiores. Another scenario is when a person has deceased children, in which case their grandchildren would be the heredes proximi (closest heirs) and any other relatives would be considered heredes remotiores. These examples demonstrate how heredes remotiores are relatives who are not direct descendants or children of a person, but may still inherit their property or assets if there are no closer heirs.
– “Heredes Remotiores” refers to distant or remote heirs, who are typically individuals related to the deceased through a more distant familial connection.
– Heredes Remotiores are determined based on the laws of intestate succession, which vary by jurisdiction. Generally, if there are no immediate or closer heirs, the estate may pass to more distant relatives, such as cousins or more distant blood relatives.
– In most cases, Heredes Remotiores cannot be excluded from inheriting an estate if they are the rightful heirs according to the laws of intestate succession. However, it is possible to create a valid will that specifically excludes certain individuals from inheriting.
– If there are no Heredes Remotiores or any other eligible heirs, the estate may escheat to the state or government, depending on the jurisdiction’s laws.
– Yes, Heredes Remotiores can challenge a will if they believe they were unfairly excluded. They would need to provide evidence and legal grounds to contest the validity of the will.
– Generally, Heredes Remotiores are entitled to a share of the estate, but the exact portion may vary depending on the jurisdiction’s laws. Closer heirs, such as children or siblings, usually receive a larger share.
– In many jurisdictions, a surviving spouse is typically considered a closer heir than Heredes Remotiores. Therefore, the surviving spouse would usually inherit before any distant relatives.
– If the whereabouts of Heredes Remotiores are unknown, the court may require a diligent search to locate them. This may involve hiring a professional genealogist or publishing notices in newspapers to reach potential heirs.
– Yes, Heredes Remotiores can be disinherited through a valid will. If the deceased explicitly states their intention to exclude certain individuals from inheriting, the court will generally respect their wishes.
– If Heredes Remotiores were legally adopted into the family, they may be eligible to inherit as if they were biological relatives. Adoption typically establishes a legal familial relationship, granting inheritance rights similar to biological children or relatives.
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: 17th April 2024.
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