Legal Question in Wills and Trusts in North Carolina

Our mom died in 2003. I am the executrix. She had three grown children. I filed a claim against Dow Corning for the breast implants she had. The oldest of her three children died in 2006. Dow Corning is ready to settle and I was wondering if the child of my deceased sibling would inherit her share ?


Asked on 8/25/12, 12:19 pm

1 Answer from Attorneys

It depends on if your mother had a will. While your mother may not have stated anything in the will about a settlement with Dow Chemical, if the will was properly drafted, it would contain what is called a residue clause which says something like "I leave all the rest of my property not otherwise disposed of herein to ..." Who gets the residue? If specified,the settlement passes as per the residue clause. If there is no residue clause, then it passes via intestacy to the biological/adopted children of your mother. The 1/3rd share of your sister gets paid to your sister's estate (if she had one) or to her heirs - which would be her husband, if any, and her children. If there is only a child, then the child gets the share of the dead sister.

You do not indicate where your mother's estate is pending. You (hopefully) have a lawyer for the estate and he/she should help with this. If not, perhaps the personal injury lawyer who assisted with the settlement will do so.

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Answered on 8/26/12, 8:47 pm


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