Written by attorneys · grounded in primary & secondary sources — see below
A person who follows another individual in lineage in the direct line of descent. This includes children, grandchildren, and further generations but excludes collateral relatives such as nieces or nephews.
Danielle Dixon died intestate survived by her parents but no children or grandchildren. Because no descendant survived her, the estate passed to the parents under the applicable intestacy rules rather than descending further.
Doris Duffy died leaving stored genetic material. After her death a child was conceived and born who was genetically linked to her. The child qualified as a descendant and took the estate interest that would otherwise have passed elsewhere.
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Dwight Dorsey inherited from his father but disclaimed the interest. The disclaimer allowed the property to pass directly to his own child as the next lineal descendant rather than returning to the estate.
Dorothy Daniels conveyed property to her son with a future interest that would vest only in his direct descendants. When the son died without qualifying lineal descendants the interest shifted according to the conveyance terms.
Yes. An adopted child is treated as a descendant of the adoptive parent under modern intestacy statutes that equate formal adoption with a parent-child relationship for succession purposes.
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Yes. When an individual assumes parental responsibilities such as providing housing, education, and financial support over time, courts may recognize a de facto parent-child relationship that qualifies the child as a descendant for heirship.
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Yes. A child conceived after the parent's death through assisted reproduction and later born alive is recognized as a descendant when genetic and legal parentage is established under applicable state law.
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When a decedent leaves no surviving descendant, the intestate estate passes to the surviving parents after any spousal share rather than descending to more remote relatives.
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…“[i]n Law, legitimate offspring; also, sometimes, esp. in wills, an adopted child, or an illegitimate offspring, or any direct descendant, as a grandchild, as the intention may appear”); Merriam-Webster’s Collegiate Dictionary 214 (11th ed. 2003) (“child” means “son or daughter,” or “descendant”). See also Restatement (Third)…