Would probate process include me if I’m a stepson?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Would probate process include me if I’m a stepson?

I am my mother’s eldest child and only son. My little brother passed a few years ago. I have 2 half-sisters whose dad, my step-dad of 50 years, just passed away a couple of weeks ago without leaving a Will, however he was adamant about wanting all his possessions and money to go to his blood children. Everything is going into probate. After the probate gets done with it all, what will happen to it? Won’t it go to my mom? If it does, she’s already said she is going to keep 1/3 and give the rest to the girls His blood children. I was just wondering what the normal course it usually takes and would the probate laws leave me out?

Asked on November 16, 2016 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Without a will, your step-father's assets or estate will pass according to "intestate succession," which are the rules for who gets what when there is no will. In your state, that means that if there are biological ("blood") children (the half sisters) and a spouse (your mother), the biological children and the spouse share in the estate: to oversimplify, you mother gets one-third the value of the real estate, any non-real estate money or assets up to $60,000 in value, and 1/3 the value over $60,000; the biological chilldren get the rest. A step child does not inherit anything unless there was a valid will.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption