Inheritance Law

Inheritance law governs the transfer of a deceased person's property, rights, and obligations to their heirs or beneficiaries. It determines how a person's estate—comprising assets like real estate, personal property, bank accounts, and investments—is distributed after death.

Key points about inheritance law include:

• Inheritance can occur via a will or intestacy:

  • If a valid will exists, property is distributed according to the deceased’s wishes.
  • If there is no will (intestate), the estate is distributed according to state laws of descent and distribution, which specify who inherits and in what order.

• Heirs typically include:

  • The surviving spouse, who usually receives the largest share or the entire estate if there are no children.
  • Children (issue), who inherit if there is no surviving spouse or share with the spouse depending on the state.
  • Other relatives such as parents, siblings, cousins, aunts, uncles, or grandparents if no spouse or children survive.

• State laws vary:

  • Each state has its own rules about who qualifies as an heir and how the estate is divided. For example, some states recognize common law marriages or unadopted stepchildren as heirs.
  • Some states, like Louisiana, have unique "legitime" laws that guarantee a minimum inheritance to certain heirs regardless of the will.

• Types of inheritance systems in the U.S.:

  • Community property states (e.g., California, Texas) consider property acquired during marriage as jointly owned, so half automatically belongs to the surviving spouse.
  • Other states follow common law principles where property distribution depends more on wills and intestate succession laws.

In summary, inheritance law is the legal framework that ensures a deceased person's estate is distributed fairly and according to law or their wishes, prioritizing close family members and varying by jurisdiction.