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

Q: No will, no surviving spouse, all seven children are deceased, they have children, are the children the only heirs?

Deceased own 1 acre land in NC, lived in NC.. Some of the deceased children have living spouses are they entitled?

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1 Lawyer Answer
Sara W. Harrington
Sara W. Harrington
  • Estate Planning Lawyer
  • Carrboro, NC
  • Licensed in North Carolina

A: The North Carolina laws of Intestate Succession determine who will inherit when there is no will.

If there is no surviving spouse or children, the next in line are grandchildren. If some of the grandchildren have died before the person of whom you are speaking, then their children would inherit as well. Spouses of heirs do not inherit through intestate succession.

The relevant law N.C.G.C. 29-15 states that "if the intestate is survived by two or more children or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, they shall take as provided in G.S. 29-16."

N.C.G.C. 29-16 states that "to determine the share of each surviving grandchild by a deceased child of the intestate in the property not taken under the preceding subdivision of this subsection, divide that property by the number of such surviving grandchildren plus the number of deceased grandchildren who have left lineal descendants surviving the intestate."

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