Q: In regards to intestate succession, how would the non-distinction of half-siblings be interpreted?
Siblings grew up together in one household since birth however one sibling was born out of wedlock (infidelity on the maternal side yet raised by the father as his own). Both parents are dead now (mother died first, father died recently hence the succession) without any wills. Does the sibling born out of wedlock on the maternal side get interpreted as a half-sibling under these circumstances?
A:
In North Carolina, there is no distinction between half and whole siblings. NCGS § 29-3. Certain distinctions as to intestate succession abolished. In the determination of those persons who take upon intestate succession there is no
distinction:
(1) Between real and personal property, or
(2) Between ancestral and nonancestral property, or
(3) Between relations of the whole blood and those of the half blood.
Of course it is best to consult with a local estate attorney if you have questions.
A:
The rule that half siblings are treated the same as whole siblings can get confusing because it depends on who the decedent is. In other words, if one of the SIBLINGS died with no living parents, spouse or children, then half and whole siblings would inherit from that sibling share and share alike.
However, if the decedent is a parent, well, that's different. In the case you described, with the mother dying first with no will, then her estate would be distributed according to the laws of intestate succession in South Carolina. Since she had a surviving spouse at the time, her husband would inherit have of her estate, and the other half would be shared among HER natural born children and any children that she legally adopted.
Then, when her husband died with no living spouse and no will, all of his estate would go to HIS natural born children and any non-natural born children that he adopted. If he was named as the father on the birth certificate of the child that was not actually fathered by him, then that child would probably inherit from him, but if not then that child would probably not inherit from him unless he legally adopted that child.
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