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Legal Heir Questions

What is a legal heir?

A legal heir is a person that receives property upon the death of another person. It can also mean someone who receives something from a person’s will. Someone appointed as the legal heir cannot benefit from the estate or property until the time of the death. Many legal questions come up when someone is named as a legal heir to someone’s property or will. Read below where Estate Lawyers on JustAnswer have provided answers to the many common legal questions about legal heirs and their rights.

If two people are legal heirs of an estate and the one of them destroys the stuff, what are the other person’s rights?

You can consider filing a claim against the person who has destroyed the estate. You can also demand the complete amount of the destroyed estate. You can also file criminal charges for theft from the estate depending on what was taken and what the other owned.

If someone becomes the administrator of a property where there are two legal heirs and tries to sell the property what are the legal implications?

A person usually cannot sell something they do not completely own, nor can they sell something where there are more than one beneficiaries. Administers are to do everything in their power to get each beneficiary everything they are entitled to. If not, a petition can be filed to have them removed as the estate representative because they are in violation of their duty. If the judge finds that they are not acting properly, they will usually be removed.

In Louisiana, if a parent passes away and only has one child, what is the child entitled to?

Louisiana is a community property state. If the parent had a will, then that would determine what the child would be entitled to. If no will was involved, as the only child they would be the legal heir of any estate the parent owned alone. If the parent was divorced, the ex would not have any right to the estate, because the spouse’s interest would have been settled during the legal separation and/or divorce.

In Mississippi how does you find out if you are a legal heir of a family member’s estate?

To find out if you are a beneficiary under the will, you must first find the will. The will would state who will become the beneficiary of the estate. If there is no will, then the Mississippi laws would apply. In Mississippi the succession laws state that if there is no will found, then the surviving spouse and children normally share the estate equally. For state-specific laws on the status of a legal heir, their rights and provisions of the law, you can ask an Estate Lawyer on JustAnswer to evaluate the particulars of your case and provide legal insight.

How can someone lose their portion of an inheritance?

Listed below are some ways for someone to lose their inheritance?
• If the person making the will was killed, or if someone plotted to kill the person.
• If the will/trust has certain conditions to be followed and the conditions were not met.
• If the heir influenced the person into making the will in order to inherit everything.
• If the person’s dues to creditors consume the value of the entire estate.
• If the person had a clause in their will that says if anyone challenged the will, they will lose their inheritance.

When appointing a legal heir for a loved one, or even if there is more than one person that has been appointed a legal heir for someone’s property, there can be many legal issues and complications that may make the rights to the property unclear. Before you take any step, it is best to be armed with legal knowledge. Having legal representation is desirable, but even then, if you need a second opinion or legal insights, you can ask an Estate Lawyer on JustAnswer.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
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Recent Heir Questions

  • In the will it says no courts or advertisements does it have to go to probate? Small estat

    In the will it says no courts or advertisements does it have to go to probate? Small estate, no debts.
  • Can the single heir of a descendant sell their full

    Can the single heir of a descendant sell their full ownership interest in an asset, from a non-probate estate, that they have not yet collected and would have needed to have collected using the Small Estate Affidavit (California) process? If so, does the
    purchaser of the asset (from the heir) fill out the Small Estate Affidavit claiming to be the successor of the descent after the purchase from the heir is completed? Assume the original heir and the purchaser are not family members but have high degrees of
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  • My sister died on 6/2/2013. I was listed as one of her beneficiaries,

    My sister died on 6/2/2013. I was listed as one of her beneficiaries, inheriting 30% of her estate. This was the same percentage awarded to her only son who is the executor of her will. In the inventory he filed, he listed only 3 things. 1) value of her property (home) 2) personal property valued at $9,000, and 3) royalties at 13'000. She had so much more. Of chief concern were royalties she received from materials she wrote from a company she started. She received $90,000 a year. I know these are inheritable, because we talked a lot about them. In her will she described what was to be inherited as all property, tangible or intangible, now and in the future. This sounds like she was dividing the future royalties to those named in her will. Why would Royalties be mentioned on the Inventory as opposed to cash assetts unless they were included in her estate. Is there a site I can look up to see if they were transferred out of her name? Copyright.gov still lists them under her name. Can you help me? Thank you!
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