Collateral descendant


A lineal descendant, in legal usage, is a blood
relative Relative may refer to: General use *Kinship and family, the principle binding the most basic social units society. If two people are connected by circumstances of birth, they are said to be ''relatives'' Philosophy *Relativism, the concept that p ...

in the direct line of
– the
children Biologically, a child (plural children) is a being between the stages of and , or between the of and puberty. The legal definition of ''child'' generally refers to a , otherwise known as a person younger than the . Children generally have ...

, grandchildren, great-grandchildren, etc. of a person. In a legal procedure sense, lineal descent refers to the acquisition of estate by inheritance by parent from grandparent and by child from parent, whereas collateral descent refers to the acquisition of estate or real property by inheritance by sibling from sibling, and cousin from cousin. Adopted children, for whom
adoption Adoption is a process whereby a person assumes the parenting Parenting or child rearing promotes and supports the physical Physical may refer to: *Physical examination, a regular overall check-up with a doctor *Physical (album), ''Physical'' ...

statutes create the same rights of heirship as
children of the body
children of the body
, come within the meaning of the term "lineal descendants," as used in a statute providing for the non-lapse of a devise where the devisee predeceases the testator but leaves lineal descendants. Among Native American tribes in the United States, tribal enrollment can be determined by lineal descent, as opposed to a minimum
blood quantum Image:Creeks in Oklahoma.png, upright=1.2, Members of the Muscogee (Creek) Nation in Oklahoma around 1877, including some with partial European and African ancestry Blood quantum laws or Indian blood laws are laws in the United States and the f ...
. Lineal descent means that anyone directly descended from original tribal enrollees could be eligible for tribal enrollment, regardless of how much native blood they have. The
antonym In lexical semantics Lexical semantics (also known as lexicosemantics), as a subfield of linguistic Linguistics is the science, scientific study of language. It encompasses the analysis of every aspect of language, as well as the methods fo ...
of ''descendant'' is ''
antecedent An antecedent is a preceding event, condition, cause, phrase, or word. More specifically, it may refer to: * Antecedent (behavioral psychology), the stimulus that occurs before a trained behavior * Antecedent (genealogy), antonym of descendant, gen ...

Collateral descendant

A collateral descendant is a legal term for a relative descended from a
sibling A sibling is a gender neutral word for a relative that shares at least one parent with the subject. A male sibling is a brother and a female sibling is a sister. A person with no siblings is an only child. While some circumstances can cause sibl ...

of an
ancestor An ancestor, also known as a forefather, fore-elder or a forebear, is a parent A parent is a caregiver of the offspring In biology, offspring are the young born of living organism, organisms, produced either by a single organism or, in the ...

, and thus a
niece In the lineal kinshipLineal is a geometric term of location which may refer to: * pertaining to a lineage (disambiguation), lineage ** Lineal kinship or "Eskimo kinship" ** Lineal descendant, a blood relative in the direct line of descen ...
nephew In the lineal kinship system used in the English-speaking world, a niece or nephew is a child of the subject's sibling or sibling-in-law. The converse relation, converse relationship, the relationship from the niece or nephew's perspective ...

, or
cousin Commonly, "cousin" refers to a "first cousin", a relative Relative may refer to: General use *Kinship and family, the principle binding the most basic social units society. If two people are connected by circumstances of birth, they are sai ...



{{law-stub Kinship and descent
Legal terminology {{CatAutoTOC Terms Jargon Terminology Terms Terminology Terminology is a general word for the group of specialized words or meanings relating to a particular field, and also the study of such terms and their use. This is also known as termino ...
Property law