Define: Legal Portion

Legal Portion
Legal Portion
Quick Summary of Legal Portion

A legal portion, also referred to as a legitime, is a portion of an individual’s assets that their children (and sometimes other heirs) have the right to inherit by law, regardless of the contents of the individual’s will. This ensures that the children cannot be deprived of their legal portion without a valid justification. In Roman law, the legitime was equivalent to one-fourth of the inheritance that would be received if the individual passed away without a will. It is also known as a legitimate portion, forced portion, or legitim in Scotland.

Full Definition Of Legal Portion

The legal portion, also referred to as the legitime, is the portion of a person’s property that is guaranteed by law to be received by their children (and sometimes other heirs), regardless of the instructions in the person’s will. For instance, if a person has three children and they leave their entire estate to their spouse in their will, each child would still be entitled to a portion of the estate as their legal portion. The legal portion cannot be withheld from the children unless there is a valid legal justification. In Roman law, the legitime amounted to one-fourth of the claimant’s share in the event of intestacy. In essence, the legal portion ensures that children and other heirs are provided for, even if they were not explicitly mentioned in the deceased person’s will.

Legal Portion FAQ'S

Yes, if someone has made false statements about you that have harmed your reputation, you may have grounds to file a defamation lawsuit.

Misdemeanors are less serious crimes that typically carry a maximum punishment of up to one year in jail, while felonies are more serious offenses that can result in imprisonment for more than one year.

The statute of limitations for personal injury cases varies by state, but it is generally around two to three years from the date of the injury. It is important to consult with an attorney to determine the specific deadline in your jurisdiction.

In most states in the United States, employment is considered “at-will,” which means that an employer can terminate an employee for any reason or no reason at all, as long as it is not discriminatory or in violation of an employment contract.

The divorce process varies by jurisdiction, but generally involves filing a petition, serving the other spouse, negotiating a settlement or going to court, and obtaining a final judgment of divorce. It is advisable to consult with a family law attorney to guide you through the specific steps in your area.

Generally, you are not personally responsible for someone else’s debts unless you have co-signed a loan or have a legal obligation to repay the debt, such as in the case of a guarantor or a joint account holder.

The legal drinking age in the United States is 21 years old. However, it is important to note that individual states may have additional restrictions or exceptions.

Refusing a breathalyzer test can have legal consequences, such as the suspension of your driver’s license. The specific penalties for refusing a breathalyzer test vary by state, so it is important to consult with an attorney if you find yourself in this situation.

A will is a legal document that outlines how your assets will be distributed after your death, while a living will is a document that specifies your wishes regarding medical treatment if you become incapacitated and are unable to communicate your preferences.

Yes, individuals have the right to represent themselves in court, known as “pro se” representation. However, it is generally recommended to seek legal representation, especially in complex cases, as navigating the legal system can be challenging without proper knowledge and experience.

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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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