Greensboro, NC asked in Estate Planning for North Carolina

Q: Are step children entitled to my mothers estate after its all settled?

My father passed away 2 years ago and now my mother has passed away. My step brothers that are from my dads previous marriage are trying to take all of my mothers stuff. However I have been appointed as the executive of her estate. Once the estate has settled are the step sons entitled to any of the estate. My mother did not have a Will.

Related Topics:
1 Lawyer Answer
Catherine E Bruce
Catherine E Bruce
  • Estate Planning Lawyer
  • Chapel Hill, NC

A: Because your mother died without a will, her property will be divided up according to North Carolina's Intestacy Statute. Intestacy does not provide anything for stepchildren, unless they were legally adopted by the decedent at some point before she passed away. It sounds like you and any siblings (excepting stepsiblings) will share in your mother's estate equally, since she didn't have a surviving spouse.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.