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Legal Definitions - enheritance
Definition of enheritance
The term enheritance is an archaic spelling of inheritance. It refers to the legal process by which property, assets, rights, titles, or obligations are transferred from a deceased person (known as the decedent) to their designated heirs or beneficiaries.
This transfer typically occurs either according to the decedent's last will and testament or, in the absence of a will, by the laws of intestacy, which are specific state laws governing how property is distributed when someone dies without a valid will.
Here are some examples illustrating the concept of inheritance:
Example 1: Financial Assets and Personal Property
When Ms. Eleanor Vance passed away, her will stipulated that her entire investment portfolio, along with her cherished collection of vintage porcelain dolls, should be given to her niece, Clara. Clara then legally acquired ownership of these assets.Explanation: This scenario demonstrates inheritance as Clara receives specific financial assets and personal property from her deceased aunt, as directed by a legal document (the will).
Example 2: Real Estate and Associated Debts
After Mr. Thomas died without leaving a will, his primary residence and the remaining balance on its mortgage were legally transferred to his only son, Michael, according to the state's intestacy laws. Michael became the new owner of the house and also assumed responsibility for the outstanding loan.Explanation: This illustrates inheritance involving real estate and highlights that not only assets but also associated obligations (like a mortgage) can be inherited, even when there is no will, through established legal statutes.
Example 3: Business Ownership and Intellectual Property Rights
A renowned software developer passed away unexpectedly. Her will specified that her ownership stake in her tech startup and the patents for her innovative software algorithms were to be inherited by her business partner, ensuring the company's continued operation and the protection of her intellectual property.Explanation: This example shows inheritance extending beyond tangible items to include business interests and intellectual property rights (patents), which are valuable assets transferred upon death according to the decedent's wishes.
Simple Definition
Enheritance is an archaic, Law French term for what is now commonly known as inheritance. It refers to the legal process by which property, titles, debts, or obligations are passed from a deceased person to their heirs.