Immediate descent refers to a direct line of ancestry where a person inherits their lineage from an ancestor without any intervening relatives. This means that the relationship is one generation apart, such as from a parent to a child, without any other family members in between.
This term is often used in legal contexts related to inheritance, family law, and genealogy. Understanding immediate descent is crucial in cases involving wills, trusts, and estate planning, as it determines how assets are passed down through generations. Users can manage related legal processes with templates provided by US Legal Forms, which are drafted by licensed attorneys to ensure compliance with state laws.
Here are a couple of examples of abatement:
For instance, if John is the son of Sarah, and Sarah is the daughter of Emily, John has an immediate descent from Emily through his mother. This is a clear example of direct lineage without any intervening links.
(hypothetical example) In a case where a will specifies that only children of the deceased are entitled to inherit, immediate descent would determine who qualifies as a direct heir.
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Recognizes immediate descent in inheritance cases without additional requirements. |
| Texas | Immediate descent is acknowledged but may require additional documentation for estate claims. |
| New York | Immediate descent is crucial for determining rightful heirs in probate cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Lineal descent | Refers to a direct line of descent from an ancestor. | Immediate descent is a subset of lineal descent, focusing on one generation. |
| Collateral descent | Descent from a common ancestor but through different branches of the family. | Immediate descent does not involve collateral relatives. |
If you believe immediate descent applies to your situation, consider the following steps:
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Immediate descent is a direct line of ancestry where a person inherits from an ancestor without any intervening relatives.