If my wife died leaving a parent (who died shortly after), our children and myself, how will her estate be divided?

Asked on September 18, 2014 under Estate Planning, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so, so sorry for your loss. If she died "intestate"  - with out a Will - then the intestacy statutes in North Carolina will apply.  Once a person has children their parents do not inherit from an intestate estate.  You say "children" so I am assuming that there are more than one.  So in North Carolina the spouse inherits 1/3 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/3 of the balance) and children or descendants inherit 1/3 of your intestate real estate and any intestate personal property remaining after the spouse’s share.  Good luck.

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