Substitution of heir refers to the appointment of another heir for the purpose of inheritance in default of a heir who originally instituted the suit. It is well-settled that the…

Although this may not apply in Mississippi today it could.  So be careful to at least mention all children. A pretermitted heir is the child of a person who has…

Omitted Heir is a child who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a…

The term “nearest heir” means the nearest in blood to the testator living at the time of his death.

Natural heir is an heir whose status as an heir arises from close blood relationship. Natural heirs or heirs of the body are distinguished from those entitled to succeed on…

A lineal heir is someone who inherits in a line that ascends or descends from a common ancestor. The heir can be above or below the decedent in the direct…

Lawful heirs are those persons upon whom the descent of real property is cast upon the death of the owner intestate. The lawful heirs who are to take under an…

Joint heir means a co-heir. A person who inherits jointly with another heir or other heirs is a joint heir.

The term inherit denotes receiving the property of a decedent by will. In cases where the decedent has not executed a valid will, the intestate succession will be according to…

An heirship affidavit is used to state the heirs of a deceased person. It is commonly used to establish ownership of personal and real property. It may be recorded in…

Heirs of the Body is referred to descendants of one’s bloodline, such as children or grandchildren, until such time as there are no direct descendants. If the bloodline runs out,…

In a strict sense, heirs are those people who would inherit the estate of a deceased person by statutory law if the deceased died without a will. When a person…

An heir testamentary is a person who is constituted heir by testament executed in the form prescribed by law. A testamentary heir is different from the legal heirs, who are…

Heir special are descendants of one’s bloodline, such as children or grandchildren, until such time as there are no direct descendants.

Heir legal is an heir who succeeded to the estate of his ancestor by descent under the law of succession. Heir legal is distinguished from an heir who took under…

Heir at Law is a person entitled to inherit property under intestate succession laws. He or She has the right, under the laws of intestate descent and distribution, to receive…

Descendants are those who are the issue of an individual, such as children, grandchildren, and their children, to the remotest degree. Descendants are those in a descending line of birth…

Heirless estate is the property of a person who dies intestate leaving no heirs. The state takes possession of an heirless estate. The state will conduct an auction of the…