Inheritance Property Distribution

Summary

In North Carolina, if someone dies without a will, their property is distributed according to intestate succession laws. If your aunt passed without a will, her share of the property would generally go to her spouse. If her spouse also passed, his share would go to his biological or adopted children. If the property was not legally transferred after your grandmothers death, it would be subject to probate, and the court would distribute it according to intestate succession laws. Consult a local attorney for specific advice.

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North Carolina
In North Carolina, if your aunt died without a will, her share of the property would generally pass to her spouse under intestate succession laws. However, specific cases can vary, so it's best to consult with a local attorney.
If her spouse passed and has a child but that child was not my aunt's child, would she inherit his part of the property?
In North Carolina, if your aunt's spouse passed away:
- His share of the property would pass to his biological or adopted children, not your aunt's children.
- If he has no children, his property would go to other relatives, such as his parents or siblings.
So when my aunt passed, any property legally owned by her was inherited by her spouse, or just a portion of property owned by her?
In North Carolina, if your aunt passed away without a will:
- Her husband would receive the first $*,* of the personal property, half of the remaining personal property, and a life estate in half of the real property.
- The rest would be divided among other legal heirs.
But what if the other property owner, my father, is still alive?
In North Carolina, your father's ownership stake is not affected by your aunt's death. He retains his share of the property. However, the portion that was your aunt's would be subject to the state's intestate succession laws.
So according to the succession laws, when my aunt passed did her share of the property go to my father or her husband ?
In North Carolina, when your aunt passed without a will, her share of the property would generally pass to her husband, not your father, as per the state's intestate succession laws.
Why would it not go to my father with him being the sole living heir of my grandmother's estate?
In North Carolina, intestate succession laws prioritize the spouse over siblings when distributing property. Since your aunt's spouse is alive, he would inherit your aunt's share, not your father, despite being your grandmother's living heir.
What if the land was never legally changed into my aunt and my father's names when my grandma passed?
In North Carolina, if the property was not legally transferred after your grandmother's death, it's considered "intestate property." The intestate succession laws still apply, but a legal process known as "probate" is required to distribute the property. It's crucial to consult with a local attorney to navigate this process.
So if the name on the land was never transferred, could my father now potentially receive all of the land
In North Carolina, if the property was not legally transferred after your grandmother's death, it would be subject to probate. This typically involves the court distributing the property according to intestate succession laws, which would likely include your aunt's husband and potentially other relatives. Your father may not receive all the land. Please consult with a local attorney for specific advice.