Also known as:deliberating · deliberation · deliberate · jury deliberation · deliberations
Written by attorneys · grounded in primary & secondary sources — see below
A period of time granted to a beneficiary to decide whether to accept or reject an inheritance or other succession.
Sources & Authorities· 26 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Heir Weighs Murderous Estate
Tobias Thomas shoots Theodore Tucker with deliberate intent to kill. After conviction the estate passes to beneficiary Tara Tran. The term for deliberating gives Tara time to decide whether to accept the inheritance that carries the taint of the express-malice killing.
Publisher's Deliberate Defamation
Tracy Torres prints a story about Thomas Thompson with deliberate and premeditated character. The area of dissemination and persistence of the statements are weighed. The term for deliberating allows Thomas time to decide whether to accept or reject the inheritance affected by the resulting libel judgment.
A reporter deliberately alters a quotation attributed to public figure Timothy Tang, materially changing its meaning. The alteration supports a finding of actual malice. The term for deliberating gives Timothy time to decide whether to accept or reject the inheritance diminished by the defamation damages.
Grand Jury Deliberation Exclusion
During grand-jury proceedings an unauthorized person remains present while the jurors deliberate and vote. The presence violates the rule limiting attendees. The term for deliberating allows the affected beneficiary time to decide whether to accept or reject the inheritance entangled with the resulting indictment.
Property Rule Purpose Weighs In
Two states claim the most significant relationship to land whose owner has died. The purpose of each state's property rule and its relation to the parties are considered. The term for deliberating gives the beneficiary time to decide whether to accept or reject the inheritance governed by the chosen state's law.
Implied Malice From Injury Intent
Thomas Thompson deliberately inflicts great bodily injury on Tracy Torres during an argument. The conduct supplies implied malice when death results. The term for deliberating gives Tracy's heir time to decide whether to accept or reject the inheritance that includes the proceeds of the resulting wrongful-death recovery.
Common questions
Frequently Asked
1
What does the term for deliberating allow a beneficiary to do?+
It allows the beneficiary a period of time to decide whether to accept or reject an inheritance or other succession.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…be performed by him; the last act to be done by the President is the signature of the commission. After signature the time for deliberation has passed and the officer is appointed. If the commission is also to be considered the appointment the appointment is made when the last act required from the President is performed; the…