Do surviving grandchildren have a right to a decedent’s estate when there is one surviving child of the decedent?

UPDATED: Oct 2, 2022

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Do surviving grandchildren have a right to a decedent’s estate when there is one surviving child of the decedent?

My husband’s grandfather died with no will and left land in North Carolina. The only surviving child, my husband’s aunt, wants to sell the property. Does she have the right to sell it, or does she need to consult her nieces and nephews, the grandchildren of the decedent.

Asked on October 3, 2019 under Estate Planning, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since the aunt inherited the property, she can sell the property or do what she wants with it without consulting  anyone including grandchildren, nieces, nephews or other future beneficiaries. The aunt is the sole owner of the property and therefore does not need to consult anyone.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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