The phrase Haeredem Deus facit, non homo is a Latin legal maxim that translates to "God makes an heir, not man." This principle emphasizes that the creation of heirs is a divine act rather than a human one, particularly in the context of inheritance and probate law. It suggests that the determination of who inherits property is ultimately beyond human control and is guided by a higher power.
This maxim is primarily used in probate law, which deals with the distribution of a deceased person's estate. It underscores the belief that the rightful heirs are determined by divine will rather than human decisions. In practical terms, this principle may influence how wills are interpreted and how estates are administered, especially in cases of intestacy (when someone dies without a will).
Users may find it beneficial to utilize legal templates from US Legal Forms to help navigate the probate process effectively.
Here are a couple of examples of abatement:
For instance, if a person dies without a will, the distribution of their estate will follow state intestacy laws, which reflect the belief that the rightful heirs are those designated by divine order (hypothetical example).
Examples of state differences (not exhaustive):
| State | Intestacy Law Overview |
|---|---|
| California | Heirs are determined by a combination of blood relations and marital status. |
| Texas | Heirs include children, spouse, and parents, with specific rules for property division. |
| New York | Estate distribution follows a hierarchy prioritizing spouses and children. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| Intestacy | The condition of an estate of a person who dies without a valid will. | Focuses on legal heirs determined by state law, rather than divine will. |
| Will | A legal document that outlines how a person's assets should be distributed after their death. | Allows individuals to specify their heirs, contrasting with the divine aspect of the maxim. |
If you are dealing with estate planning or probate issues, consider the following steps:
For complex situations, seeking professional legal advice is recommended.
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| Attribute | Details |
|---|---|
| Legal Area | Probate Law |
| Key Principle | Divine authority in determining heirs |
| Common Use | Interpreting wills and intestacy cases |
It means "God makes an heir, not man," highlighting the belief that heirs are determined by divine will.