Who is considered to be an “heir” in a legal Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who is considered to be an “heir” in a legal Will?

Would this include a deceased sibling’s widow?

Asked on July 8, 2015 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If there is a valid Will, the those who inherit under it are called "beneficiaries". The terms of the Will control who does and doesn't inherit; if a person is not named in a Will then they have no claim to the estate.

If there is no Will, then the deceased died "intestate" and the "intestacy" laws of the state in which they were domiciled at their death will apply. An heir is a person who inherits some/all of an estate of a person who has died intestate. The rules of distribution determine to whom property transfers in this situation. The heir(s) who inherit(s) the property are typically spouses, if any, children, siblings, parents, grandparents, etc. 

A widow of a deceased sibling may be entitled to inherit their spouse's share.However, it depends on specific state law and surrounding circumstances. At this point, a probate attorney can be consulted for further advise.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Related Links

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption