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?

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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 8 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).


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