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MY GrANDMA DIED NO WILL PLEASE HELP!!!!

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T

Tallageese

Junior Member
What is the name of your state? NC

Ok this is a very confused question and I need help badly.

First of all my Mothers Step Dad Has passed away with cancer he left no will by law the legal rights of property goes his wife (my grandma). Now my grandma's being living with us for over six years she left her husband (Grand Step Dad) But did not divorced. She continued to live with us but she got sick with cancer three months after my Grand step dad passed away. She Died with cancer two months ago. My grandma has two daughters
my mother and my aunt my aunt doesnt even visit her mother when she was well. When she was sick she camed and vist her every other 2-3 days she stay like 30 mins from us and she has job that is close by like 5 mins she never took time to come and see her when she was well.

All her belongings were in our house having proof she stayed with us you can even look at her pictures you would only think you she would have one daughter.

But now since the heir law come in she wants half of everything which she dont deserve at all.

I know its no way around this but we would know she would give my mother everything she even said it my own daughter never come and see me. Even other family members no this its just not right to take something away you dont deserve.

Can some one help and is there any possible way to figure this out so that she gets nothing.
 


S

seniorjudge

Senior Member
North Carolina Intestate Succession Laws

If any part of a North Carolina decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* A surviving spouse is entitled to the entire intestate estate (both real and personal property) if the decedent is not survived by a child, a lineal descendant of a deceased child, or a parent.
* If the decedent is survived by only one child or by any lineal descendant of only one deceased child, the surviving spouse gets an undivided one-half interest in the real property of intestate estate, plus the first $30,000 of personal property and one-half of the remaining personal property in the intestate estate.
* If the decedent is survived by two or more children, or by the lineal descendants of deceased children, the surviving spouse gets an undivided one-third interest in the real property of intestate estate, plus the first $30,000 of personal property and one-third of the remaining personal property in the intestate estate.
* If the decedent is not survived by children or their lineal descendants, but is survived by at least one parent, the surviving spouse gets an undivided one-half interest in the real property of intestate estate, plus the first $50,000 of personal property and one-half of the remaining personal property in the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's children or the lineal descendants of a deceased child.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters or the lineal descendants of a deceased sibling.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents (e.g., decedent's aunts and uncles), half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would.

3. State of North Carolina. If there is no taker under any of the above provisions, the intestate estate passes (escheats) to the state of North Carolina.

North Carolina Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* Lineal descendants and other relatives of the decedent born within 10 lunar months after decedent's death inherit as if they were born during decedent's lifetime.
* Evildoers take note! Whether or not there is a will, any person who murders or participates in the murder of the decedent is prohibited by law from receiving any of decedent's assets. The murderer is treated as if he or she had predeceased the murdered decedent.
* North Carolina's intestate succession laws can be found in Chapter 29 of the North Carolina General Statutes.



Copyright 2002 - 2008, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.


http://www.finance.cch.com/pops/c50s10d190_NC.asp
 
S

Shay-Pari'e

Senior Member
seniorjudge said:
North Carolina Intestate Succession Laws

If any part of a North Carolina decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* A surviving spouse is entitled to the entire intestate estate (both real and personal property) if the decedent is not survived by a child, a lineal descendant of a deceased child, or a parent.
* If the decedent is survived by only one child or by any lineal descendant of only one deceased child, the surviving spouse gets an undivided one-half interest in the real property of intestate estate, plus the first $30,000 of personal property and one-half of the remaining personal property in the intestate estate.
* If the decedent is survived by two or more children, or by the lineal descendants of deceased children, the surviving spouse gets an undivided one-third interest in the real property of intestate estate, plus the first $30,000 of personal property and one-third of the remaining personal property in the intestate estate.
* If the decedent is not survived by children or their lineal descendants, but is survived by at least one parent, the surviving spouse gets an undivided one-half interest in the real property of intestate estate, plus the first $50,000 of personal property and one-half of the remaining personal property in the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's children or the lineal descendants of a deceased child.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters or the lineal descendants of a deceased sibling.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents (e.g., decedent's aunts and uncles), half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would.

3. State of North Carolina. If there is no taker under any of the above provisions, the intestate estate passes (escheats) to the state of North Carolina.

North Carolina Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* Lineal descendants and other relatives of the decedent born within 10 lunar months after decedent's death inherit as if they were born during decedent's lifetime.
* Evildoers take note! Whether or not there is a will, any person who murders or participates in the murder of the decedent is prohibited by law from receiving any of decedent's assets. The murderer is treated as if he or she had predeceased the murdered decedent.
* North Carolina's intestate succession laws can be found in Chapter 29 of the North Carolina General Statutes.



Copyright 2002 - 2008, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.


http://www.finance.cch.com/pops/c50s10d190_NC.asp
Click to expand...
I don't even know how you comprehended that post.;)
 
T

Tallageese

Junior Member
I know life is not fair another part to this story.

During the process of getting the property over to my mother before she had died she was doing the paperwork and agreed to give my mother the property. Trying to get it out of my grandma's name.

She started filling out the paper work but the problem is my grandmother passed away during the process of getting switched over. The slow lawyer took three months just to get the paper work done but she passed away right before he had finished but it didnt go through because it wasnt signed.

So basically she started but did not finish.

Its a bit ackward.
 
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