Inheritance
Inheritance, in law, money, property, or titles received from a person who has died. In strict legal usage, inheritance involves everything received from a person who left no valid will. A person who leaves a valid will is said to provide a legacy. Traditionally, a legacy involves a bequest, a gift of personal property, and a devise, a gift of real estate. However, courts accept the use of the word “bequest” for both kinds of property. The person who is entitled to receive the inheritance is called an heir (heiress if a female).
In a legal sense, a person cannot be called the heir to the property of another so long as the owner is living. Instead, he is either the heir apparent or the heir presumptive. An heir apparent is one whose right is incontestable under common law and in the absense of a will stating otherwise. An heir presumptive is one who is presently next in succession but may lose the right by the birth of someone with superior right.
The inheritance of real estate is determined by the particular state where the property is situated. Inheritance of personal property, however, is determined by the state of domicile of the deceased. Under common law all children inherit equally when there is no will. If there are no children and no surviving wife or husband, the property goes to the next closest in equal degree of relationship. If there are no relatives the property escheats (passes to the state).
Under feudalism real property passed to the eldest son to the exclusion of other children. The rule establishing this arrangement was called primogeniture.