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.

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1 Lawyer Answer

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.

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