If someone dies that owns land and there is no Will, how do things work?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone dies that owns land and there is no Will, how do things work?

There is only one son and one grandson involved with the situation.

Asked on August 19, 2015 under Estate Planning, North Carolina

Answers:

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

Answered 6 years ago | Contributor

When a person dies intestate without a Will. the rules of intestate succession determine inheritance.
If there is a surviving spouse, the surviviing spouse inherits the entire estate.
if there is no surviving spouse, the estate is divided equally among the surviving children.  If there are any deceased children, who had children the grandchildren of the decedent, the grandchildren inherit the share of the estate their deceased parent would have inherited had the parent survived.
In your case, if there is no surviving spouse, the son inherits the entire estate unless the grandson is the son of a deceased child in which case the grandson inherits the deceased child's share.
If the grandson is the child of the surviving son you mentioned, the grandson inherits nothing because the son inherits the entire estate.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption