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LSDefine
Simple English definitions for legal terms
deceased
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A quick definition of deceased:
Deceased: A person who has died is called the deceased. When someone dies, all of their things become part of their estate. If they wrote a will or trust before they died, their things will be given to the people they chose. If they didn't write a will, a court will decide who gets their things based on the laws of the state they lived in.
A more thorough explanation:
Definition: The deceased refers to a person who has passed away. In legal terms, they are also known as the decedent. When a person dies, all of their assets become a part of their estate. If the deceased had a will or trust, their estate is distributed to the designated beneficiaries. However, if the person died without a will, their estate is distributed by a probate court based on their state's laws of intestate succession.
Example 1: John's father passed away last week. He was the deceased in this case. John and his siblings will inherit their father's estate according to his will.
Example 2: Mary's aunt died without a will. As a result, her estate will be distributed by a probate court based on the laws of intestate succession in her state.
These examples illustrate how the term "deceased" is used in legal contexts to refer to a person who has passed away. They also show how the distribution of the deceased's estate is determined by whether or not they had a will or trust in place at the time of their death.