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Heirs
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in sp ...
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Heir Apparent
An heir apparent, often shortened to heir, is a person who is first in an order of succession and cannot be displaced from inheriting by the birth of another person; a person who is first in the order of succession but can be displaced by the birth of a more eligible heir is known as heir presumptive. Today these terms most commonly describe heirs to hereditary titles (e.g. titles of nobility) or offices, especially when only inheritable by a single person. Most monarchies refer to the heir apparent of their thrones with the descriptive term of ''crown prince'' or ''crown princess'', but they may also be accorded with a more specific substantive title: such as Prince of Orange in the Netherlands, Duke of Brabant in Belgium, Prince of Asturias in Spain (also granted to heirs presumptive), or the Prince of Wales in the United Kingdom; former titles include Dauphin in the Kingdom of France, and Tsesarevich in Imperial Russia. The term is also used metaphorically to indicate a ...
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Intestacy
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ...
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Intestate
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ...
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Heir Presumptive
An heir presumptive is the person entitled to inherit a throne, peerage, or other hereditary honour, but whose position can be displaced by the birth of an heir apparent or a new heir presumptive with a better claim to the position in question. Overview Depending on the rules of the monarchy, the heir presumptive might be the daughter of a monarch if males take preference over females and the monarch has no sons, or the senior member of a collateral line if the monarch is childless or the monarch's direct descendants cannot inherit (either because they are daughters and females are completely barred from inheriting, because the monarch's children are illegitimate, or because of some other legal disqualification, such as being descended from the monarch through a morganatic line or the descendant's refusal or inability to adopt a religion the monarch is required to profess). The subsequent birth of a legitimate child to the monarch may displace the former heir presumptive b ...
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Will (law)
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ...
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Co-parceners
Hereditary titles, in a general sense, are nobility titles, positions or styles that are hereditary and thus tend or are bound to remain in particular families. Though both monarchs and nobles usually inherit their titles, the mechanisms often differ, even in the same country. The British crown has been heritable by women since the medieval era (in the absence of brothers), while the vast majority of hereditary noble titles granted by British sovereigns are not heritable by daughters. Gender preference Often a hereditary title is inherited only by the legitimate, eldest son of the original grantee or that son's male heir according to masculine primogeniture. In some countries and some families, titles descended to all children of the grantee equally, as well as to all of that grantee's remoter descendants, male and female. This practice was common in the Kalmar Union, and was frequently the case in the letters patent issued by King Eric of Pomerania, King Joseph Bonaparte conf ...
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Title (property)
In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. In United States law, evidence of title is typically established through title reports written up by title insurance companies, which show the history of title (prop ...
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Real Property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property "heritable property", and in French-based law, it is called ''immobilier'' ("immovable property"). Historical background The word " ...
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Matrilineal
Matrilineality is the tracing of kinship through the female line. It may also correlate with a social system in which each person is identified with their matriline – their mother's Lineage (anthropology), lineage – and which can involve the inheritance of property and/or titles. A matriline is a line of descent from a female ancestor to a Kinship, descendant (of either sex) in which the individuals in all intervening generations are mothersin other words, a "mother line". In a matrilineal Kinship and descent, descent system, an individual is considered to belong to the same descent group as their mother. This ancient matrilineal descent pattern is in contrast to the currently more popular pattern of patrilineal descent from which a family name is usually derived. The ''matriline'' of historical nobility was also called their enatic or uterine ancestry, corresponding to the patrilineal or "agnatic" ancestry. Early human kinship In the late 19th century, almost all ...
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Holographic Will
A holographic will, or olographic testament, is a will and testament which is a holographic document, i.e. it has been entirely handwritten and signed by the testator. Historically, a will had to be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdictions, holographic wills that have not been witnessed are treated equally to witnessed wills and need only to meet minimal requirements in order to be probated: * There must be evidence that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods. * The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary. * The testator must be expressing a wish to direct the distribution of his or her estate to beneficiaries. Holographic wills are common and are also often created in emergency situation ...
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Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. A large part of its eastern boundary is demarcated by the Mississippi River. Louisiana is the only U.S. state with political subdivisions termed parishes, which are equivalent to counties, making it one of only two U.S. states not subdivided into counties (the other being Alaska and its boroughs). The state's capital is Baton Rouge, and its largest city is New Orleans, with a population of roughly 383,000 people. Some Louisiana urban environments have a multicultural, multilingual heritage, being so strongly influenced by a mixture of 18th century Louisiana French, Dominican Creole, Spanish, French Canadian, Acadi ...
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Law Of Moses
The Law of Moses ( he, תֹּורַת מֹשֶׁה ), also called the Mosaic Law, primarily refers to the Torah or the first five books of the Hebrew Bible. The law revealed to Moses by God. Terminology The Law of Moses or Torah of Moses (Hebrew: , ''Torat Moshe'', Septuagint grc, νόμος Μωυσῆ, ''nómos Mōusē'', or in some translations the "Teachings of Moses") is a biblical term first found in the Book of Joshua , where Joshua writes the Hebrew words of "Torat Moshe " on an altar of stones at Mount Ebal. The text continues: The term occurs 15 times in the Hebrew Bible, a further 7 times in the New Testament, and repeatedly in Second Temple period, intertestamental, rabbinical and patristic literature. The Hebrew word for the first five books of the Hebrew Bible, ''Torah'' (which means "law" and was translated into Greek as "nomos" or "Law") refers to the same five books termed in English "Pentateuch" (from Latinised Greek "five books", implying the five books ...
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