Who Are The Legal Heirs?
When a person dies you must check if they left a Will that states how to distribute the estate and who the heirs are. If the deceased did not leave a Will behind, the Inheritance Law will determine who the heirs are and how to distribute the estate among them.
The legal order of the heirs
The legislature has examined the preferences of the average person, with regards to the method that they would prefer their estate to be distributed after their passing, and has determined the order of the lawful heirs, with emphasis on family relation.
The order of the lawful heirs was determined accordingly, in the following order:
- The legal spouse of the deceased, at the time of their death
- The children of the deceased and their children, the parents of the deceased and their children, the grandparents of the deceased and their children.
It should be noted that the children of the deceased and their children take precedence over the parents of the deceased and their children, and the parent of the deceased and their children accordingly take precedence over the grandparents of the deceased and their children.
For example:
The estate will first be distributed to the children of the deceased, their children and their children (grandchildren and great grandchildren). If the deceased does not have any children, their estate shall pass to the parents of the deceased and their children (the parents of the deceased, the siblings of the deceased, and nephews/nieces of the deceased). If the deceased does not have any children, parents or siblings, the estate will pass to the grandparents of the deceased and their children (the grandparents, uncles/aunts and their children).
If one of the deceased’s children has died before the deceased and has children, the grandchildren of the deceased will inherit the share of their parent. This rule applies to all relatives that are entitled to a share of the estate, and have died before the deceased has.
Who is fit to be considered an heir?
The Inheritance Law stipulates who the heirs that are fit to inherit a person’s estate are. This is to facilitate a quick division of the property and clarity regarding who is eligible to be considered an heir and who is not. These are the conditions for eligibility, according to the Inheritance Law:
- The heir must be alive.
In general, a person who is not alive at the time of the deceased’s passing is not eligible to the estate (even if the estate is bequeathed to them in the Will). The exception to this rule are heirs that are born within 300 days of the deceased’s death, and are considered eligible heirs. It should be noted that the marital status of the parents of the heir is not relevant to the eligibility.
- Corporation
The deceased is permitted to bequeath their estate to a corporation, or to a corporation that is established within 1 year of the Wills Probate.
Who is not fit to be considered an heir?
There are extreme cases in which the Inheritance Law will deem a person ineligible to be considered an heir, even if that person was specifically mentioned in the Will or is entitled to the estate according to the definitions of the Inheritance Law:
- Heirs that were convicted of causing the death of the deceased, or of attempting to cause the death of the deceased
- Heirs that were convicted of concealing or destroying the last Will of the deceased, or of Will forging and / or suing based on a forged Will.
In any one of these cases the heir will not be entitled to inherit the estate of the deceased (even if they are specifically listed in the Will as heirs), and the estate will not pass to that persons family members either. In such cases, that person’s share of the estate will be divided between the other eligible heirs.
If you think that you are considered an heir to a deceased person, you should consult an attorney that specializes in Wills and Probate.
Klarfeld Law Offices has extensive experience in all matters concerning heirs, including Wills and Probate, and can consult you in any question you may have with efficiency, discreetly and professionally.