Legal Definitions - collaterals

In legal contexts, collaterals refers to relatives who share a common ancestor but are not in your direct line of ascent (like parents or grandparents) or descent (like children or grandchildren). Essentially, they are relatives from the "side branches" of your family tree, all stemming from a shared point in your lineage.

Here are some examples to illustrate the concept of collaterals:

• Estate Distribution: Imagine a situation where Mr. Henderson passes away without a will. He was a widower, had no children, and both of his parents had already died. In determining who inherits his estate, the law would look to his collaterals. This could include his siblings (who share his parents as common ancestors), or if he had no siblings, his nieces and nephews (who share his parents and grandparents as common ancestors), or even his first cousins (who share a common set of grandparents).

  This example demonstrates how collaterals become relevant when there are no direct heirs in the ascending or descending line. The legal system must identify relatives who are connected through a common ancestor but are not direct predecessors or successors.

• Genealogical Research: Sarah is researching her family history and discovers a distant relative, a third cousin twice removed, who lived in a different country. While they are not direct ancestors or descendants of each other, they both trace their lineage back to a shared great-great-great-grandparent.

  This example illustrates that Sarah and her third cousin are collaterals. They are connected through a common ancestor several generations back, forming distinct branches off the main family line that eventually converge at that shared ancestor.

• Medical Family History: When a doctor asks a patient about their family's medical history, they often inquire about conditions present in parents, grandparents, siblings, aunts, uncles, and cousins. While parents and grandparents are direct ancestors, siblings, aunts, uncles, and cousins are considered collaterals.

  This example highlights that collaterals are important because they share a significant portion of genetic material due to their common ancestry. Understanding health issues among these relatives can provide crucial insights into a patient's potential hereditary risks, even though they are not in the direct line of descent or ascent.