If my father passed away with no Will, do I have any right to his estate?

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If my father passed away with no Will, do I have any right to his estate?

He was remarried after he and my mother divorced.

Asked on December 17, 2012 under Estate Planning, North Carolina

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

This depends on the state where your father lived prior to his death.  In most states, the surviving spouse will receive a share of the deceased person's estate, including any real property, and the child or children will receive a share.  How much each receives differs between states and depends in part on how many children survive and whether those children are the children ("issue") of both "parents."

I am not admitted to practice law in North Carolina.  However, I took a quick look at the North Carolina "statute of descent and distribution" which controls who inherits what from a person who dies without a will.  As a child, you are entitled to part of your father's estate.  His wife is also entitled to a portion, and any other children of your father would be entitled to a portion.

I suggest you consult a probate attorney about this.


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