Summary
In North Carolina, when a person dies intestate, the estate is distributed based on state laws. The surviving spouse typically receives the first $60,000 and half of the remaining estate, while biological and legally adopted children share the rest equally. Stepchildren do not inherit unless legally adopted. If there are surviving children, the estate is divided among them after the spouses share. For personalized advice, consider consulting a local attorney.Full Conversation
North Carolina
I'm sorry to hear about your loss. In North Carolina, if a person dies without a will (intestate), the estate is distributed according to state intestacy laws.
To understand your entitlement, I need to know:
- Did your mother have any other children?
- Did the deceased man have any children from another marriage?
Yes
Thank you for the information. In North Carolina, if someone dies intestate (without a will), the estate is distributed according to intestacy laws. Here's how it generally works:
- If your mother had children with her husband, those children might inherit the estate.
- If you are her only child, you might be entitled to a portion of the estate.
Did your mother have children with her recent husband?
Yes but their are other siblings with different moms and one sibling that shares the same mom as me
Thank you for the detailed information. In North Carolina, the distribution of an intestate estate involving multiple children from different relationships can be complex. Here's a general outline of how intestate succession works:
- **Children of the deceased:** All biological and legally adopted children have equal rights to inherit.
- **Spouse's children:** Stepchildren do not inherit unless legally adopted by the deceased.
To better understand your specific situation:
- Are you asking about the estate of your mother's husband or your mother?
My mothers husband
Thank you for clarifying. In North Carolina, if your mother's husband dies intestate (without a will), his estate is distributed as follows:
- **Surviving Spouse**: The spouse typically receives the first $*,* plus one-half of the remaining estate if there are surviving children.
- **Children**: All biological and legally adopted children of the deceased share the remaining estate equally.
Given this, your entitlement depends on the presence of other biological children of your mother's husband.
Is there a surviving spouse or other biological children of your mother's husband?
Yes
Thank you for sharing all the details. Here is a summary of how the estate might be distributed:
- **Surviving Spouse**: Receives the first $*,* plus one-half of the remaining estate.
- **Biological Children**: Share the remaining estate equally.
Since there are surviving children, the estate will be divided among them after the spouse's share.
~North Carolina Courts~
Phone: (*) *-*
Website: www.nccourts.gov
Do you need any more specific information or assistance?