The term heir special refers to individuals who are direct descendants of a person, such as their children or grandchildren. This designation continues until there are no remaining direct descendants. Heirs special are also known as heirs of the body or bodily heirs, emphasizing their direct bloodline connection.
Heirs special are primarily used in estate planning and inheritance law. This term is crucial in determining who inherits property or assets when someone passes away. It is especially relevant in cases involving wills and trusts, where the distinction between heirs special and other types of heirs can affect the distribution of an estate. Users can manage these matters with the right legal forms, such as those provided by US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
For instance, if a person passes away and leaves a will specifying that their estate goes to their children, those children are considered heirs special. If there are no children, then the estate may pass to grandchildren, if any exist. (Hypothetical example).
| State | Key Differences |
|---|---|
| California | Heirs special are recognized in intestate succession laws. |
| New York | Heirs special may have different rights under state probate laws. |
| Texas | Heirs special are prioritized in inheritance cases over distant relatives. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Heirs general | Individuals who inherit by virtue of being related, but not necessarily direct descendants. | Includes more distant relatives, not limited to bloodline. |
| Collateral heirs | Relatives who are not direct descendants, such as siblings or cousins. | Do not share a direct bloodline connection as heirs special do. |
If you believe you may be an heir special or are dealing with an estate that involves this term, consider the following steps:
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Heirs special are direct descendants, while heirs general include more distant relatives.