Legal Question in Wills and Trusts in North Carolina

My father passed away in NC 15 years ago. He and his peers recently inherited land from his parents, deceased over 20 years ago. He was remarried when he passed and left no will. His wife is still alive. Does his second wife inherit the land or his children?


Asked on 1/27/11, 3:22 pm

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

I'm not sure how your father inherited land now if his parents died 20 years ago so I can't answer that part of the question. Typically, the land vests in the heirs at the death of the landowner.

If your father died intestate (without a will), then property would be split between his wife and children (or descendants of deceased children). Real property is split 1/2 for wife and 1/2 to child if there is only one lineal descendant. If more than one child, then wife gets 1/3 and children split 2/3

Personal property - the first $30,000 and 1/2 of the remainder if only one child and 30,000 plus 1/3 of the remainder if more than one child

This concerns any property that is not payable on death directly to wife or jointly held with right of survivorship between husband and wife.

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Answered on 2/08/11, 1:42 pm


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