Reidsville, NC asked in Probate and Estate Planning for North Carolina

Q: If the beneficiary has passed, who is entitled to the devise, the children or the surviving spouse?

My grandfather's will States that at the sale of his property, that $20000, be equally divided among 4 grandchildren. Any additional money made from the sale will be divided among his 3 children. However one of the 3 children(My father) has since passed. Will his third go to, the state, My father's children, my father's surviving wife, or now split equally among my father's two surviving siblings?

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1 Lawyer Answer
Will Blackton
Will Blackton
  • Raleigh, NC
  • Licensed in North Carolina

A: How your father's share will be distributed should be described in your Grandfather's Will. Did your father pass before or after your grandfather? If after your grandfather, more than five days after?

If your father passed after your grandfather, your father's estate will receive his one-third share in your grandfather's estate. How that one-third share will be divided amongst his heirs will be described in his will or, if he didn't have a will, through the intestate succession laws of the state in which his estate is administered.

If your father passed before your grandfather: Generally, there are two ways to leave your estate to your beneficiaries: "Per Capita" or "Per Stirpes."

Here, your grandfather is the Grantor, your father is the Beneficiary.

Let's assume that Grandmother predeceased Grandfather and Grandfather wants his only children, conveniently named Son and Daughter, to each receive 50% of his estate. Before Grandfather's passing, Son has a child (Son, Jr.). Before Grandfather passed, Son died, survived by Son, Jr.

If Grandfather wants Son's share to be inherited by Son, Jr., then he wants his estate to pass Per Stirpes.

If Grandfather wants Son's share to be inherited by Daughter, then he wants his estate to pass Per Capita.

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