The Law of Inheritance
What is the Law of Inheritance?
The law of inheritance governs a person’s right to inherit property upon the death of a spouse or relative. Inheritance laws can very widely from state to state. Inheritance of property is usually indicated in the decedent’s will. However, it is sometimes possible to claim an inheritance in spite of what was written in the person’s will. This may depend on the law of inheritance in your state.
A person who is not related to the decedent may claim an inheritance if it is stated in the person’s will. However, inheritance laws generally do not cover distributions to persons how are not related to the decedent. Instead, the law of inheritance gives priority to close relatives of the decedent when it comes to property distributions.
How Does the Law of Inheritance Affect Surviving Spouses?
The way that the law of inheritance affects a surviving spouse will differ greatly according to whether the state follows community property rules or common law property rules.
If the state where the deceased person lived is a community property state, the spouse is generally entitled to half of the marital property accumulated during the marriage. However, they have no rights to inherit the separate property of their deceased spouse unless this is specifically granted. The deceased spouse may also distribute their half of the marital property to a person besides their surviving spouse.
If the state is a common law state, this means that community property rules are not followed. Thus, the surviving spouse is not necessarily entitled to inherit one half of the property accumulated during marriage. Instead, inheritance of assets is determined by ownership of the property based on title.
In a common law state, the surviving spouse is typically allowed to claim up to one-third of the deceased spouse’s estate. However, the deceased spouse may have chosen to leave their spouse less than the amount specified by state inheritance laws. If the surviving spouse had previously agreed in writing to accept less than the statutory amount, they cannot claim the statutory amount.
Finally, in some states a divorce has the effect of extinguishing any gifts that the spouses may have made to each other through a will document. It is advisable to draft a new will after a divorce becomes final, in order to avoid unintentional distributions.
How does the Law of Inheritance Affect Other Relatives?
With regards to surviving children, the law of inheritance sometimes does not automatically grant children the right to inherit property. In some instances, the surviving child or children may be entitled to a portion of their deceased parent’s estate, especially if a spouse did not survive the deceased parent.
Inheritance laws may also address more distant relatives such as grandparents and grandchildren, aunts and uncles, and nieces, nephews and cousins. However, these categories of relatives usually cannot inherit from the deceased person unless no spouse or children have survived the person.
What if I Need to Contest an Inheritance Claim?
If you have a dispute regarding an inheritance, it may be possible for you to file a complaint in court. However, courts are usually reluctant to alter the instructions for inheritances if they are clearly stated in the deceased person’s will. On the other hand, if the person did not leave a will, it is possible that inheritance laws may contain a provision addressing your inheritance rights.
Disputes between two persons over the same inheritance property can also be heard in court. In such situations, the court may need to examine evidence that would help to clarify the deceased person’s likely intentions regarding the distributions.
Do I Need a Lawyer for Issues Involving Inheritance?
If you have any issues at all regarding inheritance, you may wish to contact a lawyer for advice. An attorney can help answer questions you may have about the inheritance laws of your state. They can also provide various services like drafting a will or representing you in court.
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Last Modified: 08-31-2011 02:42 PM PDT
