An heir of provision is an individual who inherits property or assets from a deceased person based on specific terms outlined in a legal settlement or an express provision in a will or trust. This designation ensures that the inheritance follows the wishes of the deceased as articulated in their estate planning documents.
The term "heir of provision" is primarily used in estate law, which governs the distribution of a deceased person's assets. It is relevant in various legal contexts, including:
Individuals can manage their estate planning using legal templates, such as those provided by US Legal Forms, to ensure their assets are distributed according to their wishes.
Here are a couple of examples of abatement:
Example 1: A person creates a trust that specifies their niece as the heir of provision. Upon their death, the niece inherits the trust assets as per the trust's terms.
Example 2: A settlement agreement in a divorce may designate one spouse as the heir of provision to receive certain assets after the other spouse's death (hypothetical example).
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Allows for specific provisions in trusts that may override standard inheritance laws. |
| New York | Requires formal documentation for heirs of provision to be recognized in probate. |
| Texas | Has unique rules regarding community property that may affect heirs of provision. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| Heir | A person legally entitled to inherit property. | Heirs of provision inherit based on specific legal documents, while heirs may inherit by default under state law. |
| Beneficiary | A person designated to receive benefits from a trust or will. | Beneficiaries may receive assets without being heirs, while heirs of provision specifically inherit property under set terms. |
If you believe you are an heir of provision, it is important to review the relevant legal documents, such as a will or trust, to understand your rights and responsibilities. Consider using US Legal Forms to access legal templates that can assist in managing your inheritance. If your situation is complex or contested, seeking professional legal advice may be necessary.
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An heir of provision inherits based on specific terms in a legal document, while a beneficiary may receive benefits without being an heir.