State statute defines who qualifies as the legal heir of someone who has died. While we can’t go into all possible scenarios in a short tip, generally the first heirs are a surviving spouse and any children or descendants. In the absence of those individuals, the qualifying heirs typically come from “further up the family tree,” starting with parents of the deceased and siblings of the deceased–or their descendants. State statue will dictate the specifics of who qualifies as an heir, which heirs have higher priority, and how far up the family tree the court has to look. Heirs have an interest in the estate, but a valid will, legally admitted to probate can direct that property be given to legal heirs, some legal heirs, or other individuals […]
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