Simple English definitions for legal terms
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Descent refers to the process of inheriting real property, such as land, from a family member who has passed away. There are different types of descent, including lineal descent (directly from a parent or grandparent), collateral descent (from a cousin or other relative), and mediate or immediate descent (depending on whether there is an intervening link in consanguinity). Maternal-line descent and paternal-line descent refer to tracing descent through the mother or father, respectively.
Direct-line descent refers to the passing of property or inheritance from a common ancestor to their direct descendants in a straight or direct line, such as from a father to a son or a grandfather to a grandson. It is also known as lineal descent.
For example, if a grandfather leaves his property to his grandson, it is a direct-line descent because the grandson is the direct descendant of the grandfather.
Direct-line descent is different from collateral descent, which refers to the passing of property or inheritance between relatives who are not in a direct line, such as from a brother to a sister or a cousin to a cousin.
Understanding the different types of descent is important in determining who is entitled to inherit property or assets when someone dies without a will.