If me and my sister own a house and I pass away, do my two children get my half of the house if i don’t have a will?

If me and my sister own a house and I pass
away, do my two children get my half of the
house if i don’t have a will?

Asked on May 21, 2016 under Estate Planning, North Carolina

Answers:

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

Answered 4 years ago | Contributor

If you and your sister own the house as joint tenants with right of survivorship, then your sister inherits your half of the house upon your death.
If you and your sister are NOT joint tenants with right of survivorship and you die intestate (without a Will), your surviving spouse inherits your entire estate including your half of the house.
If there is no surviving spouse, and you die intestate, then your children inherit your half of the house.  Each of your two children inherits 1/4 of the house because 1/4 + 1/4= 1/2 (your one half interest in the house).


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.