Define: Known Heir

Known Heir
Known Heir
Quick Summary of Known Heir

An individual who is eligible to inherit property from a deceased person who did not leave a will is referred to as a known heir. Typically, this individual is a close relative such as a child or sibling. Occasionally, the term “heir” is used to describe anyone who inherits property, regardless of the presence of a will. However, strictly speaking, an heir is specifically someone who inherits property through intestacy laws.

Full Definition Of Known Heir

A known heir is an individual who is eligible to receive the assets of a deceased person in accordance with the laws of intestacy. In the absence of a will, the known heir is the person who will inherit the assets. The known heir may also be referred to as a legal heir, heir at law, lawful heir, heir general, or legitimate heir. For instance, if an individual passes away without a will and has a spouse and children, the spouse and children are recognized as known heirs who will inherit the assets as per the laws of intestacy.

Known Heir FAQ'S

A known heir refers to an individual who is legally recognized as being entitled to inherit the assets or property of a deceased person.

A known heir is typically determined through the deceased person’s will, which explicitly states who will inherit their assets. If there is no will, the laws of intestacy in the relevant jurisdiction will determine the known heirs.

In some cases, a known heir can be excluded from inheriting if they are specifically disinherited in the deceased person’s will. However, this must be done in accordance with the applicable laws and regulations.

Yes, a known heir can contest a will if they believe it is invalid or if they have been unfairly excluded from inheriting. They would need to provide evidence and file a legal claim to challenge the validity of the will.

If there are multiple known heirs, the deceased person’s assets are typically divided among them according to the instructions in the will or the laws of intestacy. This division may be equal or based on specific percentages or conditions outlined in the will.

Yes, a known heir has the right to refuse their inheritance. This is known as “disclaiming” the inheritance, and it means that the heir voluntarily gives up their right to receive any assets or property from the deceased person’s estate.

In general, a known heir is not personally responsible for the deceased person’s debts. However, the deceased person’s debts may need to be paid off using their assets before any inheritance is distributed to the known heirs.

Yes, a known heir has the right to sell their inheritance if they wish to do so. They can transfer their rights to another person in exchange for monetary compensation.

In some cases, a known heir can be disqualified from inheriting if they are convicted of certain crimes, such as murder or fraud. However, this would depend on the specific laws and regulations of the jurisdiction.

Yes, a known heir can be a minor. In such cases, a legal guardian or trustee is typically appointed to manage the inheritance until the minor reaches the age of majority.

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Disclaimer

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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