A status of a person who may receive property by inheritance under applicable rules of descent and distribution.
Each sense below has its own examples, sources, and questions.
Dictionaries
Examples6
Tortious Prevention of Inheritance
Harper Hill learned that her uncle had executed a will leaving her a valuable parcel of land. Hudson Partners, seeking the parcel for development, used fraudulent documents to convince the uncle to revoke the will and substitute a new one naming the firm as sole beneficiary. After the uncle's death, Harper Hill sued Hudson Partners for the loss of the interest she would otherwise have received. The court held the parcel heritable and imposed liability on the firm for the value of the inheritance.
Inheritance Regardless of Ancestor Count
Hana Huang and her cousin each shared one grandparent with the decedent but differed in the total number of common ancestors in that generation. Upon the decedent's intestate death, the probate court applied the rule that an heir inherits without regard to how many common ancestors in the same generation the heir shares with the decedent. Both Hana Huang and the cousin received equal shares of the heritable estate.
Paternity Requirement for Nonmarital Child
Hazel Hoffman gave birth to a child out of wedlock and the father died intestate without formally acknowledging paternity during his lifetime. The state statute required establishment of paternity before death as a condition for the child to inherit. The court upheld the statute because it substantially advanced the governmental interest in orderly disposition of heritable property and reduced fraud in inheritance claims.
Estate Closing and Distribution
Heidi Henderson, as personal representative, filed a closing statement asserting that she had paid all claims, expenses, and taxes and had distributed the remaining assets to the persons entitled. The statement noted that certain contingent claims remained undischarged but that the distributees had agreed to accept distribution subject to possible liability. Because the assets were heritable and properly transferred, the court accepted the closing statement and terminated the administration.
Nonmarital Child Inheritance Claim
Hannah Hughes, a nonmarital child, sought to inherit from her father's intestate estate. The state statute barred the claim because paternity had never been established during the father's lifetime. The court sustained the bar, noting that the requirement served the important interest of reducing uncertainty in the passage of heritable property.
Trimble v. Gordon430 U.S. 762, 775 n.16 (1977)
Landmark Restriction on Development
Hana Hashimoto owned a historic terminal building whose development rights were severely restricted by city landmark law. She argued that the restrictions destroyed the heritable value of the property by preventing any economically viable use. The court rejected the claim, holding that the regulations did not constitute a taking of the heritable interest because they left the owner with reasonable beneficial use.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Frequently Asked4
Does heritable status depend on the number of common ancestors shared with the decedent?+
No. Under the Uniform Probate Code, an heir inherits without regard to how many common ancestors in the same generation the heir shares with the decedent.
Supporting sources
Can a state require paternity to be established during the father's lifetime before a nonmarital child may inherit?+
Yes. Such a requirement is substantially related to the important governmental interest in the orderly and efficient disposition of heritable property at death by reducing fraud and uncertainty in inheritance claims.
Supporting sources
What must a personal representative show to close an estate by filing a closing statement?+
The representative must show that all presented claims, administration expenses, and death taxes have been paid or settled and that the assets of the estate have been distributed to the persons entitled to receive heritable property.
Supporting sources
Is a person who uses fraud to prevent another from receiving an inheritance subject to liability?+
Yes. One who by fraud, duress, or other tortious means intentionally prevents another from receiving a heritable interest that the person would otherwise have received is subject to liability for the loss.
Supporting sources
Dictionaries
410 U.S. 113 (1973)Constitutional Law
…only the potentiality of life. Similarly, unborn children have been recognized as acquiring rights or interests by way of inheritance or other devolution of property, and have been represented by guardians ad litem. [^maj-66] Perfection of the interests involved, again, has generally been contingent upon live birth. In…
ContractsFormation of contracts · Mutual assent (including offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)UBEIntermediate