What to do if my dad’s last living parent died a few years ago leaving their property to fall in to heirship?

UPDATED: May 23, 2013

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What to do if my dad’s last living parent died a few years ago leaving their property to fall in to heirship?

My dad, my 2 uncles and my aunt all each have 1/4 share in the property as far as I understand; 1 of my uncles died after my dad’s last parent and 2 died before.Who gets the “piece” of the land once an heir dies? Lets say my dad were to die, does he share go to his spouse (my mom), or getting added to my two uncles and one aunt’s shares if they survive my dad?

Asked on May 23, 2013 under Estate Planning, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In North Carolina, it appears that the estate is divided by adding the number of children who are living (your dad and one uncle) with the number of children (who had children) who predeased the parents' death (your aunt if your aunt left living children and your uncle if he left living children). Then divide the whole estate by that numebr. So if your aunt and uncle did not have kids, the estate would have been divided between your dad and uncle 50/50.

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