Legal Definitions - riens per descent

Riens per descent is a historical legal defense used by an heir. It literally translates from Law French to "nothing by descent." This plea was made when an heir was sued for a debt owed by a deceased ancestor. The heir would argue that they had received no land, property, or valuable assets from the ancestor's estate that could be used to satisfy the ancestor's outstanding debts. Essentially, the heir claimed they inherited "nothing of value" from which the ancestor's creditors could be paid, and therefore, the heir should not be held personally responsible for those debts.

Here are some examples illustrating this concept:

• Example 1: No Inheritable Assets

  Mr. Thompson passes away, leaving behind significant credit card debt. His only child, Emily, is his sole heir. However, Mr. Thompson had spent all his savings, sold his house to cover long-term care expenses, and owned no other substantial property or investments at the time of his death. When the credit card company sues Emily to recover her father's debt, Emily could historically raise the plea of riens per descent. She would argue that she inherited "nothing by descent" from her father's estate that could be used to satisfy the debt, and therefore, she should not be held personally responsible for it.

• Example 2: Assets Exhausted by Other Claims

  Mrs. Rodriguez dies, leaving a small estate consisting of a modest bank account and some personal belongings. She had several outstanding medical bills and a personal loan. Her son, David, is her heir. Before David could receive any inheritance, the estate's executor used all the funds from the bank account and the proceeds from selling the personal belongings to pay off the medical bills, which had legal priority. If the personal loan creditor then attempts to sue David for the remaining debt, David could historically invoke riens per descent. He would assert that while his mother initially had assets, all inheritable property was exhausted by other legitimate claims against the estate before any could "descend" to him, leaving him with "nothing by descent" to cover the outstanding loan.

• Example 3: Inherited Property with No Net Value

  Ms. Lee passes away, leaving her only asset, a small, dilapidated rental property, to her nephew, Michael. However, the property has a mortgage balance that is significantly higher than its current market value, and it also requires extensive repairs to be habitable. Michael decides not to accept the property or assume the mortgage, as it would be a substantial financial burden. If a different creditor of Ms. Lee's (e.g., a utility company for unpaid bills) attempts to sue Michael for his aunt's outstanding debts, Michael could historically use the plea of riens per descent. He would argue that while he was technically an heir to the property, its negative equity and the cost of repairs meant that he effectively received "nothing of value by descent" that could be used to satisfy his aunt's debts.