Legal Question in Real Estate Law in North Carolina

what f the property was passed on to the children without a will and then one sibling dies without settleing the property between them . do the remianing two siblings split the property?


Asked on 1/11/12, 7:49 pm

1 Answer from Attorneys

No. If children inherit land and one or more children die after their parents, then the dead child's share of the real property would pass as per the dead child's will, if any, or as per the intestacy laws of the state where the dead child lived prior to his/her death. If the dead child passed without a will, this means that the spouse and children of the dead child would inherit.

The only way that the share of land would pass to the remaining siblings would be if the dead child had no spouse or children alive at the time he died. In that case, the dead child's share would pass to his his/her siblings.

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Answered on 1/11/12, 7:55 pm


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