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In Re: A Comprehensive Guide to Its Legal Definition and Applications
Definition & Meaning
The term "in re" is a Latin phrase that translates to "in the matter of." In legal contexts, it is used in the titles of court cases to indicate that the proceedings may not involve formally designated opposing parties, or that the case is uncontested. This term typically refers to the subject or object at the center of the legal matter. It is most commonly found in probate cases and juvenile court proceedings. Additionally, "in re" may be used when one party submits an application to the court without necessarily accusing another party, such as in adoption cases or name changes.
Table of content
Legal Use & context
"In re" is used across various legal areas, including:
Probate Law: Often used in cases involving the distribution of a deceased person's estate.
Family Law: Common in adoption proceedings where no opposing party exists.
Juvenile Law: Frequently appears in cases concerning minors.
Users can manage certain processes related to "in re" cases using legal templates available through services like US Legal Forms, which are drafted by licensed attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Here are a couple of examples of how "in re" is used:
In re Adoption of a Child: This title indicates a court case regarding the adoption process, where the couple seeking to adopt is the only party involved.
In re Name Change of an Adult: This refers to a legal proceeding where an adult requests a name change without an opposing party.
State-by-state differences
Examples of state differences (not exhaustive):
State
Context
Notes
California
Probate
Commonly used in probate cases.
Texas
Adoption
Used for adoption proceedings.
New York
Juvenile
Frequently appears in juvenile court cases.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
In Personam
A legal action directed against a specific person.
In re is not directed at a specific person but rather at a matter.
In Rem
A legal action directed against property rather than a person.
In re can apply to both in rem and quasi in rem actions.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a case labeled "in re," consider the following steps:
Determine the nature of your case and whether you need to file any applications.
Explore legal templates available through US Legal Forms to assist you in preparing necessary documents.
If the situation is complex or you have questions, consider consulting a legal professional for tailored advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.