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Legal Definitions - collateral descent

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Definition of collateral descent

Collateral descent refers to the process of inheriting property from a common ancestor through a non-direct line of relatives, such as cousins or siblings. This is different from direct-line descent, which is the passing of property from a parent to a child or grandparent to a grandchild.

For example, if a person dies without a will and has no children, their property may pass to their siblings or cousins through collateral descent. This means that the relatives are related to the deceased person through a common ancestor, such as a grandparent or great-grandparent.

Another example of collateral descent is when a person inherits property from their cousin, who inherited it from their shared grandparent. In this case, the two cousins are related through a common ancestor, but not through a direct line of descent.

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Simple Definition

Collateral descent refers to the way that property is passed down from a common ancestor to relatives who are not in a direct line, like cousins or siblings. This is different from direct-line descent, which is when property is passed down from a parent to a child or grandparent to a grandchild. Mediate descent is when property is passed down through an intermediary, like a grandmother passing property to her granddaughter through the granddaughter's mother. Paternal-line descent is when property is passed down through the father's side of the family, while maternal-line descent is when property is passed down through the mother's side of the family.

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