Heir Tracing

What is heir tracing? The simplified explanation is: Researching and reporting unclaimed estates to their rightful heirs.

heir: a person who is entitled by law or by the terms of a will to inherit the estate of another

Types of Heirs

forced heirship [1]
expectant heir
prospective heir
Prospective heir is an heir who may inherit but who may be excluded. A prospective heir includes an heir apparent and an heir presumptive. Heir apparent is an heir whose right to an inheritance cannot be defeated if that person outlives the ancestor. Heir presumptive is a person who expects to inherit but whose right can be defeated by the birth of a nearer relative. Rights of a prospective heir do not vest until the death of the intestate decedent. [United States v. Antonelli, 1998 U.S. Dist. LEXIS 17583 (N.D.N.Y Oct. 30, 1998)].
heir apparent
Heir apparent is an heir whose right to an inheritance cannot be defeated if that person outlives the ancestor. No inheritance can pass to heirs apparent who die before their ancestor. However, an heir apparent can loose inheritance if the person is exclusively avoided by the ancestor by his/her will.
heir presumptive
Heir presumptive is a person who expects to inherit but whose right can be defeated by the birth of a nearer relative. An heir presumptive’s right to inherit is conditional. For an heir presumptive to loose his/her claim a closer relative to the ancestor should be born before the death of the ancestor.