Wake Forest, NC asked in Estate Planning and Probate for North Carolina

Q: I had (2) 1/2 siblings that died (mom). Their uncle died (dad) and they were the ONLY next of kin. Am I an heir?

Their uncle was the end of the line for that entire family tree. Our mom and their dad are dead. It's really sad. I was actually contacted by someone executing the estate looking for other relatives. There are probably very distant cousins (like shared a common great-great grandparent), but the family surname abruptly stopped with the uncle who died.

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1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: Determining Heirship can be extremely difficult. Sometimes it is best to attempt to include any suspected heirs as parties, then sue unknown parties to Quiet Title to certain properties via publication notice. Hire a very competent NC attorney to represent you against whoever is trying to contact you. If not that complicated, a recorded Affidavit of Heirship may be all that is needed to establish a source of title. Someone has to pay taxes or the property will be lost to a tax sale. Other tenants in common should not be able to adversely possess against you, but you will lose your interest if you do nothing.

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