Legal Question in Wills and Trusts in North Carolina

what are grandchildren intitled to if mother is passed away


Asked on 4/08/16, 7:06 am

1 Answer from Attorneys

I don't know because you provide no relevant information. Most states have what are called anti-lapse statutes which provide that if a child predeceased his or her parent, the children of the dead child (i.e. grandchildren) will inherit their dead parent's share.

However, this statute operates only if there is no will or if a partial intestacy would occur if there is a will. If the will provides for an alternate disposition in case of death then the grandhildren get nothing. Example: parent has 3 kids, A, B and C. C dies before parent and will says parent leaves all property to A,B and C, but if a child predeceases parent then property goes to the other surviving children. In that case, C's children get nothing.

If there is no will or a partial intestacy and same scenario, then C's children inherit C's share.

I would strongly recommend that you consult a probate attorney in the county/state where an estate is or would be pending for the deceased. State laws vary.

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Answered on 4/10/16, 11:24 am


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