The term "linea recta semper praefertur transversali" translates to "a direct line of descent is always preferred to a collateral line." This legal maxim emphasizes the importance of direct lineage in matters of inheritance and succession, indicating that individuals who are direct descendants (like children) are prioritized over more distant relatives (like cousins) when it comes to inheritance rights.
This term is primarily used in the context of inheritance law and estate planning. It is relevant in civil law matters, particularly when determining the rightful heirs to an estate. Understanding this principle can help individuals navigate legal processes related to wills, trusts, and intestacy (dying without a will). Users may find it beneficial to utilize legal templates from US Legal Forms to create documents that reflect their wishes regarding inheritance.
Here are a couple of examples of abatement:
For instance, if a person passes away without a will, their estate would typically be divided among their children first, rather than going to siblings or cousins. This ensures that the direct line of descent is honored in the distribution of assets. (hypothetical example)
| State | Notes |
|---|---|
| California | Direct descendants inherit first under intestacy laws. |
| New York | Similar prioritization of direct descendants in inheritance cases. |
| Texas | Direct descendants are also prioritized, but community property laws may apply. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Collateral line | Relatives who are not direct descendants, such as cousins or aunts. | Collateral lines are not prioritized under the maxim. |
| Intestacy | The condition of an estate of a person who dies without a will. | This maxim applies specifically in intestacy situations. |
If you are dealing with inheritance issues and believe this principle may apply, consider the following steps:
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If there is no will, the estate is distributed according to state intestacy laws, which typically favor direct descendants.