If money, or property is left to me and my heirs, is my spouse considered an heir? Or is it just my children?
2007-08-16 01:59:07 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Only your biological children are heirs. Your spouse and adopted children are NOT, under the traditional definition of the term. Most states now include adopted children in the term "heir". However, if you have step children, they are not your heirs until you actually adopt them, and then they are heirs only if you live in a state that considers them to be heirs.
2007-08-16 02:04:10 · answer #1 · answered by cyanne2ak 7 · 0⤊ 1⤋
Define Heir
2016-09-28 13:44:44 · answer #2 · answered by linnon 4 · 0⤊ 0⤋
An heir is a beneficiary of your estate upon your death. This could be anyone you name in your will, but all states have intestate laws (laws that govern what happens to your property if you die without a will).
"To you and your heirs" legally means just to you. It is what is known as a fee simple absolute. You gain full property rights and can assign them to whomever you wish, even if your potential heirs don't want this.
You only have heirs on your death. It is possible for you to gain more heirs at any time or to remove them. For this reason, they are considered intangible and are only considered on your death.
State intestate laws give a share to your spouse and then a share to your natural and adopted children. In some states, you spouse gets 33% others 50%, still more look at the number of years that you were married when making the calculation with full vestment usually at around 12 years.
If you own a house and want to make sure that your spouse will have a home after you die, it is best to make a will. You can do these yourself, just find a standard form will on the internet for free and get it notorized and signed by two people not party to the will. I have read too many court cases of when a surviving spouse gets into a battle with children over what to do with the house. The best solution is to do a conveyance in life estate to your spouse upon your death, with your children getting full remainder interest rights when your spouse passes away. O to A for life, then to B in fee simple absolute
2007-08-16 02:30:17 · answer #3 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 1⤋
if you made a lot of money in your life, the gov't is a 45% heir.
2007-08-16 02:04:26 · answer #4 · answered by civil_av8r 7 · 0⤊ 0⤋
a person entitled to posses your wealth legally incase you die intestate
2007-08-16 04:08:30 · answer #5 · answered by Anonymous · 0⤊ 0⤋