Legal Definitions - known heir

A known heir is an individual whose identity and relationship to a deceased person are clearly established and recognized for the purpose of inheriting property or assets. This person's existence and entitlement are not in question, either because they are explicitly named in a will, or their relationship is clearly defined by law (such as a spouse or child) and their identity is confirmed.

• Example 1: Named in a Will

  Eleanor writes a will stating, "I leave my entire estate to my son, Michael Chen." Upon Eleanor's passing, Michael's identity as her son is easily verifiable through birth records, and he is explicitly named as the beneficiary in her will.

  This illustrates a known heir because Michael's identity and his legal right to inherit are clearly established by Eleanor's will and his verifiable relationship to her. There is no ambiguity about who should receive the estate.

• Example 2: Inheritance Without a Will (Intestacy)

  Robert dies without leaving a will. He is survived by his wife, Susan, and their two adult children, David and Laura. Under the laws of their state, a spouse and children are the primary heirs when there is no will.

  Susan, David, and Laura are known heirs because their identities and relationships to Robert are readily verifiable through marriage and birth certificates. Their entitlement to inherit is established by the state's intestacy laws, and their specific identities are confirmed.

• Example 3: Beneficiary of a Trust

  A family trust document specifies that upon the death of the last surviving parent, the trust's assets are to be distributed equally among "all living nieces and nephews." At the time of distribution, there are seven nieces and nephews, all of whom are identified by name and confirmed to be alive through family records and identification.

  Each of the seven identified nieces and nephews is a known heir (or known beneficiary in this trust context) because their existence and identity are verified, fulfilling the specific criteria set forth in the trust document for receiving a share of the assets.