Q: After the estate is settled and there is a house does it automatically go to the 3 children of the deceased?
If so what legally needs to be done?
In North Carolina, real estate passes to the heirs on the date of the deceased person's death. Who the real estate is left to is determined by a specific gift of real estate in a will filed with the Clerk of Court's office or it passes under the laws of intestate succession.
According to the laws of intestate succession, if the deceased person is survived by a spouse and children, the spouse gets 50% of the property and the children (and the heirs of deceased children) share in the other 50%. If no spouse survives, the property is split between the living children and the heirs of any deceased children.
The heirs need to decided what they would collectively like to do with the property. Its advisable for the heirs to have an attorney draw up an agreement among them to specify how taxes and insurance are to be paid
and how any rent or profits would be divided among the heirs. If the heirs choose to sell the property, they would need to contact a local real estate attorney to help them.
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.