Descent and Distribution

In some jurisdictions, statutes permit a person, the designator, to name another to stand in his or her place as an heir at law in the event of his or her death. Anyone can be a designated heir, even a stranger to the designator. The statute does not grant a designated heir any status until the designation becomes effective on the death of the designator. The designator can revoke the designation until the time of his or her death and then designate another. After the death of the designator, a designated heir has the status of an heir at law, and under the statute, the status of a legitimate child of the designator. For example, H designates his wife W as his heir at law. H and W are childless. H is the only child of F. F dies intestate after H's death. The applicable statute of descent and distribution gives all of F's property to his lineal descendants. W will inherit all of F's property since she was H's designated heir at law and is, for inheritance purposes, considered a child of H. She is, therefore, a lineal descendant of F. If the designated heir dies before the designator, his or her heirs generally will not have a right of inheritance in the designator's intestate estate.