If real estate is deeded to husband and wife both and he dies with only 1 child from a previous marriage, is his child entitled to a portion of the land?

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If real estate is deeded to husband and wife both and he dies with only 1 child from a previous marriage, is his child entitled to a portion of the land?

Asked on December 29, 2015 under Estate Planning, North Carolina

Answers:

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

Answered 5 years ago | Contributor

If the husband leaves a Will, the provisions of the Will are controlling in determining whether or not the child receives a portion of the property.
If the husband dies intestate (without a Will), the rules of intestate succession determine inheritance.  
Under intestate succession, if there is a surviving spouse, she inherits the husband's entire estate.
If there is no surviving spouse, the husband's estate is divided equally among the surviving children.  If there is a deceased child, who had children (husband's grandchildren), they receive the share of the estate that their parent  would have received had their parent survived.


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