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Laughing heir information


In the law of inheritance, a laughing heir is an heir who is legally entitled to inherit the property of a person who has died, even though that heir is only distantly related to the deceased, and therefore has no personal connection or reason to feel bereaved over the death.

In most jurisdictions, the law of intestacy requires that the property of a person who died without leaving a will must first go to that person's immediate family, such as a spouse, descendants, ascendants, or persons descended from the same parents or grandparents. Under the common law, if no such persons exist, the property passes to the nearest living person who can demonstrate some degree of kinship with the deceased, no matter how distant the relation.

Some jurisdictions have a laughing heir statute, which cuts off the right of inheritance when the remaining relatives become too remote. In such jurisdictions, if no relative falls within the limitation set by the statute, then the property escheats to the state.

In the United States, §2-103 of the Uniform Probate Code, which has been adopted by a number of states, sets the outer limits of the right to inheritance with grandparents, aunts and uncles, and first cousins. Under the code, heirs that are farther removed from the deceased are left with no claim to the estate at all. By contrast, some US states (such as Virginia) have extended the principle to cover the family of a predeceased spouse. In those states, if the decedent had been married, and their spouse had died before the decedent, and if the decedent had no blood relatives at all, then the decedent's property would pass to any living relatives of the spouse, no matter how remote.

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Laughing heir

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inheritance, a laughing heir is an heir who is legally entitled to inherit the property of a person who has died, even though that heir is only distantly...

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Laughing Heirs

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Laughing Heirs (German: Lachende Erben) is a 1933 German comedy film directed by Max Ophüls and starring Heinz Rühmann, Max Adalbert, Lien Deyers and Friedrich...

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Intestacy

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only be decreased on account of some very specific misconduct by the forced heir. In matters of cross-border inheritance, the "laws of succession" is the...

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Slayer rule

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rule, rather than limiting it. For example, where the statute requires the heir to have been convicted to bar inheritance, a common law slayer rule that...

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Probate

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potential heirs in intestate estates, especially with the advent of inexpensive DNA profiling techniques. In some situations, however, even biological heirs can...

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Trustee

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Testator

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Charitable trust

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of the trust term, the remainder can either go back to the donor or to heirs named by the donor. The donor may sometimes claim a charitable income tax...

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Letters of Administration

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Resulting trust

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Advance healthcare directive

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Discretionary trust

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Blind trust

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Cestui que

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lost the ability to will the land to heirs other than those in direct lineage. There could be no bypassing of heirs with a cestui que. This condition was...

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Forced heirship

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whomever he or she chooses. Takers in the forced estate are known as forced heirs. The expression comes from Louisianan legal language and is ultimately a...

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Holographic will

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previous testaments; the provision of statutory entitlements to statutory heirs, such as children, spouse, registered partner, etc.; the place and date...

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Legatee

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Testamentary trust

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Elective share

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Uniform Probate Code

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Residuary estate

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residuary legatee. Such a clause may state that, in the event all other heirs predecease the testator, the estate would pass to a charity (that would...

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Pretermitted heir

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In the law of property, a pretermitted heir is a person who would likely stand to inherit under a will, except that the testator (the person who wrote...

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Uniform Power of Attorney Act

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Constructive trust

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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Will and testament

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Originally, it was a device intended solely for men who died without an heir. The English phrase "will and testament" is derived from a period in English...

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Estate planning

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future incapacity or death. The planning includes the bequest of assets to heirs, loved ones, and/or charity, and may include minimizing gift, estate, and...

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Heir property

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Heirs property, or heirs' property, refers to property that is passed between generations of family members without the involvement of local probate courts...

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Testamentary disposition

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Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax Related topics Advance...

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