Brooklyn, NY asked in Estate Planning for North Carolina

Q: Can heirs property, (Children received equal ownership) be willed to a non heir or entity by an heir?

Grandfather left a Will giving 190 acres to his 10 children, equally.

A daughter who had a 20% interest (+10% acquired from as gift from her sis) willed

her 20% to a Church. Does the fact of the Church not being an “Heir” have any bearing or relevance?

Can “True” heirs legally challenge the ownership rights to 20% interest that was granted to a non-heir beneficiary of a will.

Related Topics:
2 Lawyer Answers
Shane T. Johnson
Shane T. Johnson
Answered
  • Estate Planning Lawyer
  • Wilmington, NC
  • Licensed in North Carolina

A: The sister can give whatever interest she has, at her death, to whomever she would like.

Charles Evan Lohr
Charles Evan Lohr
Answered
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: Typically, a person may give their property to anyone they wish to. I think it would be worthwhile for you to discuss your goals and various options that you may have with an attorney.

Evan Lohr

(919)348-9211

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.