QUESTION
What is a motion to determine true heirs?
Asked on Jan 07th, 2014 on Estate Planning - Louisiana
More details to this question:
In probate court, caveat was filed by fiance claiming to be included as heir.
12 ANSWERS
It is where the court hears evidence to determine who the heirs are, usually in a case of intestate succession where there is no will.
Answered on Jan 15th, 2014 at 5:30 AM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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This does not sound like Texas law. In Texas, a Determination of Heirship is generally required when a person dies leaving property without a will. A fiance is not an heir under Texas law at all, unless she can prove she is already informally (or common law) married.
Answered on Jan 09th, 2014 at 11:21 PM
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Heirs are determined by law. There is no motion and a fiance is not an heir. She/He may be a beneficiary of a will of a deceased heir, but a fiance is never an heir.
Answered on Jan 09th, 2014 at 11:20 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I'm not aware of any legal relationship called "fiance." If you're married, then your spouse is an heir at law. If you're not married, then your girlfriend is not an heir at law. A "caveat" was filed? This answer is for Oregon.
Answered on Jan 09th, 2014 at 12:25 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the service of a probate attorney immediately to represent you in the administration of this estate, because of the third party claim.
Answered on Jan 09th, 2014 at 12:25 PM
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You need to read the Motion to determine the relief it seeks. It sounds like you are aware of what is being sought. The fiance is trying to be named an heir. You may wish to retain counsel to represent you.
Answered on Jan 09th, 2014 at 12:24 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This does not sound like a Michigan case. I would guess that it is similar to a determination of heirs that a probate judge would make, here. My guess is it will not be successful, unless there are some very unusual circumstances. Fiances are never treated as heirs in any state that I know of.
Answered on Jan 09th, 2014 at 12:24 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Generally, heirs are people that can inherit a deceased person's property if there is no will. So, she is claiming that she is an heir. Generally, fiances are not heirs under the law, but perhaps your state is different.
Answered on Jan 09th, 2014 at 12:24 PM
It's a request for a court to determine that someone not normally considered an heir (a fiance, for example) does meet some or all of the criteria to be an heir and should be allowed to receive a portion of the assets of the estate.
Answered on Jan 09th, 2014 at 12:23 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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When a probate estate is opened the petitioner is obligated to establish the heirs of the decedent. This is usually done by affidavit that sets out the marital status of the decedent and the decedents children, born or adopted. If no children the parents and siblings and any relations though the parents and siblings. The petitioner is required to give notice of the hearing on the petition to open the estate or of the order entered at the hearing, depending on the nature of the estate and notice requirements or waivers of notice. An interested person can file an objection to the heirship, either as proposed or as entered by the Court. The objection must be timely. If the fiance cannot prove there was a marriage she will would not be an heir, though she could be a legatee under a will. Common law marriages are not recognized in Illinois though she may be able to prove a common law marriage recognized in another state where the couple resided that would have to be recognized in Illinois.
Answered on Jan 09th, 2014 at 12:14 PM
A caveat filed by a creditor is not asking to be an heir, rather to tell the court the deceased has creditors and a claim on an estate if and when the estate is filed in the probate court. Creditors have priority over beneficiaries to certain assets of an estate. In other words, creditors get paid before distribution to beneficiaries.
Answered on Jan 09th, 2014 at 12:07 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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It is a court hearing in which someone tries to prove that they are related to the decedent, and entitled to a part of the estate.
Answered on Jan 09th, 2014 at 11:56 AM