Legal Definitions - collateral descendant

A collateral descendant refers to a relative who shares a common ancestor with a deceased person (known as the "decedent") but does not descend directly from that decedent. Instead, they are related through a "side branch" of the family tree. This contrasts with direct descendants, who are the decedent's children, grandchildren, and so on.

Collateral descendants become particularly relevant in situations where a person dies without a will (known as "intestacy") and has no living direct descendants or sometimes even parents. In such cases, the law often dictates that property passes to collateral relatives, though specific rules vary by state regarding who qualifies and how far removed they can be.

• Example 1: Inheritance by a First Cousin Once Removed

  Imagine Mr. Arthur, who never married and had no children. Both of his parents passed away many years ago. When Mr. Arthur dies without a will, the court looks for heirs. His closest living relative is his first cousin once removed, Brenda, who is the granddaughter of Mr. Arthur's aunt. Brenda shares a set of great-grandparents with Mr. Arthur (Mr. Arthur's grandparents, who are Brenda's great-grandparents). Brenda is not Mr. Arthur's child or grandchild, but she descends from a common ancestor (those great-grandparents) through a different line of the family.

  This illustrates a collateral descendant because Brenda shares common ancestors with Mr. Arthur but is not a direct descendant of his. If no direct descendants or closer relatives exist, Brenda, as a collateral descendant, might inherit his estate.

• Example 2: A Half-Sibling as a Collateral Heir

  Consider Maria, who dies without a will, leaving no spouse, children, or living parents. Maria had a half-brother, Leo, who shared the same mother but a different father. Leo is still alive. While Leo is not a direct descendant of Maria (he is not her child), he shares a common ancestor with her (their mother).

  This illustrates a collateral descendant because Leo is related to Maria through a shared parent but is not her direct offspring. In many jurisdictions, a half-sibling like Leo would be considered a collateral descendant and could inherit Maria's property if no direct descendants or closer relatives are available.

• Example 3: A Great-Aunt's Estate

  Sarah's great-aunt, Eleanor, passes away at the age of 95. Eleanor was a widow and had no children. Her parents and siblings had all predeceased her. Sarah is the granddaughter of Eleanor's brother. Sarah and Eleanor share a common set of grandparents (Eleanor's parents, who are Sarah's great-grandparents). Sarah does not descend directly from Eleanor.

  This illustrates a collateral descendant because Sarah shares common ancestors with Eleanor (their grandparents) but is not Eleanor's direct descendant. If Eleanor died intestate, Sarah, as a collateral descendant, would likely be considered an heir to her estate, depending on the specific state laws regarding degrees of kinship.