If there is a valid will, the assets of the deceased`s estate are distributed according to the terms of the will. In the absence of a valid will, the distribution of the estate is governed by the law of legal succession. The heirs or heirs of an estate may agree in writing on a different distribution. Those who have inherited the heirs` property need the help of a lawyer to correct an outdated land registry, determine the legal heirs, and try to obtain clear and negotiable ownership of the property. Trying to fix the problem without qualified help could cause even more problems. This section provides an educational overview of the typical tools used to solve heirs` wealth problems. There are many specific types of heirs, including the following: “Other heirs live outside the state, so they are not eligible to be appointed as personal representatives.” TRUTH: Heirs have the same priority of appointment, regardless of their place of residence. Keep in mind that there are a number of assets that are ideally configured to pass directly to a beneficiary, even if a will or trust doesn`t require it. For example, the proceeds of a life insurance policy would not necessarily be paid to the next of kin (an heir) if a beneficiary is registered in the policy. States` intestate inheritance laws determine the order in which the heirs of a deceased person inherit and the extent of the distribution that each rank of the heir receives. Bowel laws vary from state to state, but the surviving spouse and children usually inherit first.
For example, in North Carolina, if the person leaves behind a surviving spouse and a child without a will, the spouse and child inherit the deceased`s estate to the exclusion of the other relatives. If there is no surviving spouse or child, the estate passes to the person`s parents, then to their siblings, and so on. Finally, state law determines the next owners of the property for owners who die without a will (known as legal succession). This often means that the assets of the estate are divided equally among the children of the deceased. [vi] However, depending on the size and composition of the family at the time of the owner`s death, determining legal heirs can be complicated. Without succession, there is no formal determination of heirs according to the applicable will distribution system. The probate provides for a shortened period within which those who claim to be legal heirs must assert their claims. After this period, no other presumed heir may attempt to inherit the property. This leaves well-known heirs with a title of their own.
If there is no probate procedure, the possibility of additional heirs continues to obscure the title. An heir is defined as a person who has the legal right to inherit part or all of the estate of another person who dies without inheritance, meaning that the deceased person did not make a legal will during their life years. In such a scenario, the heir receives property in accordance with the laws of the state in which the property is examined. In 1980, the Emergency Land Fund estimated that 41 percent of African American-owned land in the Southern Black Belt was owned as heritage property, totaling 3.8 million acres.1 Some recent localized studies have been conducted: A 2010 study examined 365 counties in 11 Southern states where African Americans made up 25 percent or more of the population. This study extrapolated from the data collected and found that the heirs` assets amounted to 1.6 million acres worth $6.6 billion.2 The Southern Federation of Co-operatives estimates that 60% of African American-owned land is held as hereditary property. Some media have estimated that one-third of African-American-owned land in the South is owned by the heir — 3.5 million acres worth about $28 billion.3 An heir`s rights during probate proceedings depend on the type of estate planning that has been done. If there is a will and it is valid, an heir does not necessarily have rights. The estate plan would determine who is entitled to what inheritance.
That is, if there is no valid will, the law of the state we have been talking about comes into play in determining the order of succession. In this blog, Hargrave Law, PC explains who can be a legal heir in Texas, who inherits when there is no will, and how you can help protect your loved one`s rights after your death. If the cost of a lawyer is a barrier, many legal aid organizations and state bar associations offer resources to help those with heir ownership issues.