Inherit: A Comprehensive Guide to Legal Definitions and Rights

Definition & Meaning

The term inherit refers to the process by which an individual receives property, assets, or rights from a deceased person, known as the decedent. This transfer can occur through a valid will or, in the absence of a will, according to state intestacy laws. In simple terms, when someone passes away, their estate is passed on to their heirs or beneficiaries, who are typically family members or close relatives.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Example 1: A woman named Sarah inherits her grandmother's house after her passing, as specified in her grandmother's will.

Example 2: John passes away without a will. According to state intestacy laws, his assets are divided among his spouse and children (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State Inheritance Tax Intestacy Laws
Pennsylvania Yes Spouse and children inherit first.
Texas No Spouse and children inherit first.
California No Spouse and children inherit first.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition
Bequest A specific gift of personal property left in a will.
Devise A term used to refer to the transfer of real property through a will.
Intestate Refers to a person who dies without a valid will, leading to state laws governing inheritance.

What to do if this term applies to you

If you believe you may inherit property or assets, consider the following steps:

  • Review the decedent's will, if available, to understand your rights.
  • Consult with a legal professional to navigate the probate process and any potential taxes.
  • Explore US Legal Forms for templates that can help you manage the estate or inheritance process efficiently.

Quick facts

  • Inheritance taxes vary by state.
  • Probate may be required for the transfer of inherited assets.
  • Intestacy laws dictate inheritance when no will exists.

Key takeaways

Frequently asked questions

They are considered intestate, and state laws will determine how their assets are distributed.