Who is considered to be an “heir” in a legal Will?
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Who is considered to be an “heir” in a legal Will?
Would this include a deceased sibling’s widow?
Asked on July 8, 2015 under Estate Planning, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If there is a valid Will, the those who inherit under it are called "beneficiaries". The terms of the Will control who does and doesn't inherit; if a person is not named in a Will then they have no claim to the estate.
If there is no Will, then the deceased died "intestate" and the "intestacy" laws of the state in which they were domiciled at their death will apply. An heir is a person who inherits some/all of an estate of a person who has died intestate. The rules of distribution determine to whom property transfers in this situation. The heir(s) who inherit(s) the property are typically spouses, if any, children, siblings, parents, grandparents, etc.
A widow of a deceased sibling may be entitled to inherit their spouse's share.However, it depends on specific state law and surrounding circumstances. At this point, a probate attorney can be consulted for further advise.
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