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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...
characters left:
2 Estate Lawyers are Online Now

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  • Get a Professional Answer
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Estate Lawyers are online & ready to help you now

Thomas McJD
Attorney
Satisfied Customers: 3076
Wills, Trusts, Probate & other Estate Matters
Infolawyer
Attorney
Satisfied Customers: 3781
Licensed attorney helping individuals and businesses.
Barrister
Attorney
Satisfied Customers: 2188
13 yrs estate law, real estate. Wills/Trusts/Probate

Recent Heir Questions

  • MY MOTHER DIED 12/7 WITH NO WILL AND NO EXECUTOR. MY 2ND OLDEST

    MY MOTHER DIED 12/7 WITH NO WILL AND NO EXECUTOR. MY 2ND OLDEST SISTER CALLED AND ASKED ME TO SIGN SOMETHING PUTTING EVERYTHING IN HER CHARGE. SHE HIRED A ATTORNEY SHE SAID SHE TRUSTS BUT ALSO SAID EVERYTHING IN THE HOUSE HAS TO BE PHOTOGRAPHED WITH THE INVENTORY. ARE WE GETTING NONE OF OUR PARENTS PERSONAL POSESSIONS? SHE SAID EVERYTHING WILL BE SOLD.
  • Aunt's estate tied up in Texas probate by the administrator

    Aunt's estate tied up in Texas probate by the administrator and attorney for over 6 years. Finally have a final hearing to close the probate matter on Dec 22, 2014. I want to contest the Account for Final Settlement because of attorney/administrator fees as they relate to Minerals. Minerals (in Oklahoma) were not paying royalties at time of death and were valued at $25,000. Approximately 3 years out began paying. Attorney and administrator spent numerous hours and 3 years trying to get control of minerals. All real and personal property was liquidated and proceeds distributed. We had an ancillary probate filed in OK which stopped them. So now they are ready to get out. What is the document to "Contest" titled? What can I expect at the hearing? What information should I have available for the judge? Will I get a chance to speak or be expected to speak?
  • I was the legal guardian for my mother , the document was notarized

    I was the legal guardian for my mother , the document was notarized and one witness and my mother signed it. My mother passed two months ago and the Warranty Deed to the condo I live I n states I am tenant in common. I have 1/3 ownership outright but the other 2/3 is split with heirs from my mother and aunt . All three if us own 1/3 . Can I automatically assume the 1/3 if my mother's side as legal guardian or do I still have to split it with my brothers heir ;he also passed)
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