Legal Definitions - legal heir

A legal heir is an individual who has a lawful right to inherit property, assets, or certain rights from a deceased person. This right is established either through a valid will left by the deceased or, in the absence of a will, by the laws of intestacy (state laws that dictate how property is distributed when someone dies without a will).

Here are some examples illustrating the concept of a legal heir:

• Example 1: Inheritance by Will
  Sarah meticulously drafted a will specifying that her entire estate, including her house, savings, and investments, should be passed to her daughter, Emily. Upon Sarah's death, Emily is considered her legal heir because Sarah's valid will explicitly designates her as the beneficiary of her property. The law recognizes and enforces this designation, ensuring Emily receives the inheritance as intended.

• Example 2: Inheritance by Intestacy Laws
  Michael, who was unmarried and had no children, passed away unexpectedly without leaving a will. According to the laws of intestacy in his state, his closest living relatives are his parents. In this situation, Michael's parents are his legal heirs, and the state's laws dictate that they will inherit his property and assets, even though he did not explicitly name them in a will.

• Example 3: Spousal Inheritance Rights
  David passed away, survived by his wife, Maria. David's will attempted to leave all his property to a distant cousin. However, the state where David and Maria resided has laws protecting spousal inheritance rights, often referred to as an "elective share." These laws ensure that a surviving spouse receives a certain minimum portion of the deceased's estate, regardless of what the will states. In this case, Maria is a legal heir to that protected portion of David's estate, even if the will tried to exclude her, because the law grants her that right as a surviving spouse.