Legal Definitions - descend

In legal terms, to descend refers to the transfer of a deceased person's property to their legal heirs when that person dies without a valid will. This process is governed by state laws known as "intestate succession," which dictate who inherits the property and in what order, based on familial relationships.

• Example 1: Sarah, a single woman, passed away unexpectedly without ever having created a will. She owned a small apartment and had a savings account. According to her state's intestate succession laws, her property will descend to her parents, as she had no spouse or children. The law specifies that her mother and father will inherit her assets equally.

  Explanation: This example illustrates how Sarah's property is transferred to her parents because she died without a will, and the state's legal rules for inheritance (intestate succession) determine who receives her assets.

• Example 2: Mark, a married man with two adult children, died suddenly without a will. He owned a house jointly with his wife, a separate investment portfolio, and a car. Under the laws of his state, his share of the investment portfolio and the car would descend to his wife and children according to a specific formula. For instance, his wife might receive the first portion, with the remainder split between her and the children.

  Explanation: Here, Mark's assets that are not jointly owned with rights of survivorship are transferred to his wife and children based on the state's predetermined rules for inheritance when there is no will, demonstrating the concept of property descending.

• Example 3: An elderly gentleman, Mr. Henderson, passed away with no surviving spouse, children, or parents. He had a distant cousin whom he hadn't seen in decades, and he had never drafted a will. After a thorough search for closer relatives, the state's intestate succession laws determined that his estate would descend to this distant cousin, as the closest living relative identified by law.

  Explanation: This scenario shows that even when immediate family is absent, property still descends according to legal statutes, following a hierarchy of relatives established by state law to ensure the deceased's assets are distributed.