Who gets control of property when parent dies and leaves 2 heirs?

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Who gets control of property when parent dies and leaves 2 heirs?

My father died 3 years ago and left a Will but it cannot be found. Who get control of his property or how is it divided?

Asked on August 24, 2017 under Estate Planning, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When someone dies with a Will they die "intestate". This means that the laws of the state in which they were domiciled at the time of their death will control. Typically, if there is no survivng spouse, then a decesed's estate is equally split amongh their children. So in your case, you and your brother owuld have equal rights to the property; he does not have a greater claim even if he is the oldest and has been paying the taxes.


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