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

UPDATED: Aug 19, 2015

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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


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

Answered 7 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.

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