Riens per descent is a legal term used in common law, specifically in actions of ejectment. This plea is raised by an heir at law who is being sued for a debt owed by their ancestor. It asserts that the heir does not own any land inherited from their ancestor, which is crucial in determining their liability for the ancestor's debts.
This term is primarily used in civil law, particularly in property disputes and debt recovery cases. It is relevant when an heir is involved in a legal action concerning land ownership or debt obligations tied to their ancestor. Users can manage related legal matters by utilizing resources such as US Legal Forms, which offers templates for various legal documents.
Here are a couple of examples of abatement:
Example 1: An individual named Alex inherits a small estate from their parent, but the parent had significant debts. If a creditor sues Alex for those debts, Alex can plead riens per descent to argue they do not have any land to cover the debt.
Example 2: (hypothetical example) Jamie is sued for a debt owed by their deceased grandparent. Jamie can use riens per descent to defend against the lawsuit, stating they have not inherited any property from the grandparent.
| State | Notes |
|---|---|
| California | Riens per descent is recognized, but specific procedural rules may apply. |
| New York | Similar principles apply, but the burden of proof may differ. |
| Texas | Heirs may face different obligations regarding debts of ancestors. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Heir | A person legally entitled to inherit property. | Riens per descent specifically addresses debts and land ownership. |
| Ejectment | A legal action to regain possession of property. | Riens per descent is a defense used within ejectment actions. |
If you find yourself in a situation where riens per descent may apply, consider the following steps:
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It is a plea used by an heir to defend against claims for debts incurred by their ancestor, asserting they do not own inherited land.