LGL120 Ch 25

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Chapter 25

adoption

the legal process in which a child's legal rights and duties toward his or her natural parents are replaced by similar rights and duties toward his or her adopting parents

adoptive parents

parents who adopt a child

affiliation proceedings

a court action to determine whether a person is the father of a child born out of wedlock. Also called paternity proceeding.

bastards

children born out of wedlock. Also called illegitimate children and nonmarital children

collateral relatives

relatives not in a direct line, such as brothers, sisters, nieces, nephews, uncles, aunts, and cousins

coparceners

person to whom an estate of inheritance descends jointly and by whom it is held as an entire estate (early English law)

coverture

marriage

curtesy

at common law, the right of a widower, if issue of the marriage were born alive, to a life estate in all real property owned by his wife during coverture

decedent

a deceased person

degree of kindred

the relationship between a decedent and his or her relatives to determine who are most nearly related by blood

descendants

those who are of the blood stream (including adopted children) of a common ancestor

descent

succession to the ownership of real property by inheritance (early English law)

distribution

the apportionment and division of the personal property of an intestate among his or her heirs (early English law)

dower

at common law, the right of a widow to a life estate in one-third of all real property owned by her husband during coverture

elective share

a statutory sum given to a surviving spouse who disclaims the provisions made for him or her in a deceased spouse's will. Also called forced share

escheat

the reversion of property to the state if the property owner dies without heirs

forced heir

a surviving spouse who elects to disclaim the provisions of a deceased spoues's will

forced share

a statutory sum given to a surviving spouse who disclaims the provisions made for him or her in a deceased spouse's will. Also called elective share

full age

adulthood

half-blood

relatives who have one parent in common but not both

homestead

property that is beyond the reach of creditors and others' claims as long as the family uses the property as a home

illegitimate children

children born out of wedlock. Also called bastards and nonmarital children

intestacy

the state of dying without having made a valid will

intestate

having made no valid will

intestate succession

the act or process of and heir's becoming beneficially entitled to the property of one who dies without a will

kindred

blood relatives

legal fiction

an assumption, for purposes of justice, of a fact that does not exist

life estate

an estate limited in duration to either the life of the owner or the life of another person

lineal ascendants

people who are in a direct line of ascent (upwards) from the decedent - parents, grandparents, and great grandparents

lineal descendants

people who are in a direct line of descent (downward) from the decedent - children, grandchildren, and great grandchildren

majority

full age; adulthood

next friend

one acting for the benefit of an infant in bringing a legal action

next of kin

those most nearly related by blood

nonmarital children

children born out of wedlock. Also called bastards and illegitmate children

paternity proceeding

a court action to determine whether a person is the father of a child born out of wedlock. Also called affiliation proceeding

pretermitted child

a child who is omitted by a testator from a will

primogeniture

the state of being the first born among several children of the same parents (early English law)

probated

proved and allowed in court

vested

fixed or absolute; not contingent

waive a spouse's will

renounce or disclaim a spouse's will

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