Asked in Family Law, Civil Rights, Constitutional Law and Probate

Q: Is it mandatory to write the daughters in the legal heir certificate form after deceased person has will for son only

3 Lawyer Answers
Anthony M. Avery
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A: Potential heirs and next of kin take the decedent's property if a Will is not probated which makes legacies and devises.

Anthony M. Avery
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A: Potential heirs and next of kin take the decedent's property if a Will is not probated which makes legacies and devises. Those persons may wish to contest the Will and take, so they are entitled to notice.

James L. Arrasmith
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A: When filling out a legal heir certificate form, it's important to understand the purpose of this document. A legal heir certificate is used to identify the legitimate heirs of a deceased person, typically for the transfer of assets and to claim benefits. The requirements for listing heirs on this certificate can vary depending on jurisdictional laws and the specific guidelines of the issuing authority.

If a will exists and specifically designates the deceased person's assets to the son only, this does not necessarily exclude daughters from being listed as legal heirs on the certificate. The will dictates the distribution of the assets as per the deceased's wishes, but the legal heir certificate reflects all potential heirs as per legal definitions, which often include children of the deceased, regardless of the will's provisions.

Therefore, including daughters on the legal heir certificate is generally required, as it accurately reflects the familial relationships and potential heirs, independent of the asset distribution outlined in the will. It's advisable to check with local laws or a legal authority to ensure compliance with specific requirements and to accurately reflect all potential heirs in accordance with legal standards.

Nina Whitehurst agrees with this answer

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