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

Q: Who gets my dads estate with no will in n.c.?

My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving kid of my fathers?

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2 Lawyer Answers
Ashley Kevitt
Ashley Kevitt
  • Estate Planning Lawyer
  • Chapel Hill, NC

A: When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.

The laws in NC state that if someone dies intestate, with no spouse and children then their estate goes evenly between the children. If the child died before their parent and they had kids of their own, then their kids are entitled to split that share.

In this case it would go 50% to you and then 50% to be split among your sister's children.

As always it is a good idea to consult an estates attorney for a definite answer concerning the particulars of your situation.

Amanda Bowden Johnson
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Jacksonville, NC
  • Licensed in North Carolina

A: As I understand it, GS 20-16 states that you will get 50% and the children of your sister will split her 50% equally.

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