Legal Definitions - inheritance

In legal terms, inheritance primarily refers to property, assets, or rights that a person receives from someone who has died without a valid will. When an individual passes away without a will, they are said to have died "intestate." In such cases, the distribution of their estate is determined by the specific laws of the state where they resided, known as intestate succession laws.

These state laws outline a hierarchy of who is entitled to receive property, typically prioritizing a surviving spouse, then children, and then other close relatives. While the term "inheritance" is often used more broadly in everyday language to include property received through a will, its precise legal meaning focuses on assets passed down through the default rules of the state when no will exists.

Here are some examples illustrating the legal concept of inheritance:

• Example 1: Spouse and Children
  Mr. Henderson passed away suddenly without ever having drafted a will. He is survived by his wife, Sarah, and their two adult children. Because Mr. Henderson died intestate, his assets – including his house, bank accounts, and investments – will be distributed according to their state's intestate succession laws. These laws will specify what portion Sarah receives as his surviving spouse and how the remainder is divided between their children. This distribution, dictated by state law in the absence of a will, constitutes an inheritance for Sarah and the children.

• Example 2: Distant Relatives
  Ms. Chen, a single individual with no children, died without a will. Her parents had passed away years ago, and she had no living siblings. After a thorough search, the probate court identified her closest living relatives as two cousins she had never met. Under the state's intestate succession laws, these cousins, despite their distant relationship, were legally entitled to inherit Ms. Chen's estate. The property they received through this process is considered an inheritance, as it was determined by state law due to the absence of a will.

• Example 3: Unrecognized Relationships
  David and Maria lived together for 30 years as partners, but they never legally married, and David never created a will. When David died, Maria discovered that their state's intestate succession laws did not recognize unmarried partners as legal heirs. Instead, David's estate was passed to his estranged adult son from a previous marriage, who was legally considered his next of kin under state law. The property received by David's son is an inheritance, as it was distributed according to the state's default rules for those who die without a will, even though it meant Maria, his long-term partner, received nothing.