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Children and Step Children

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Ctone

Junior Member
What is the name of your state? North Carolina

My wife's father passed away 5 years ago and left no will. His second wife, passed away last month. We have reason to believe she left a will although we are not aware of its contents.

My wife's father had 2 children and his second wife had 2 children. My wife's sister was speaking with her step sister today and was informed that the step sister and her brother intend to sell the house and other property. They intend to split any proceeds between the two of them.

I guess our question is fairly simple, do my wife and her sister have any rights to the property? They would like some of the items in the home that belonged to thier father's family and also feel they should have a share of any proceeds from the sale of the home.

Thanks in advance for any advice
 


ALawyer

Senior Member
If she left a valid Will, the people the Will names as beneficiaries inherit.

An ex-spouse's heirs generally have no rights to claim or inherit, even without a Will. (BUT laws in some states provide such a right in rare circumstances --- I have no knowledge as to NC law on the subject however.)
 

Dandy Don

Senior Member
Before you determine a course of action, you need to check at the county courthouse probate court to find out for sure whether or not a will has been filed (normally this is done within 30 days after the death) or whether an intestate probate (without a will) has been filed. If anything has been filed, you can look at the file in person or get a copy of anything.

If she did leave a will, only the named beneficiaries would inherit. However, if she didn't leave a will, the law does mention that children are eligible to receive a share as heirs. You would need to consult a probate lawyer to find out whether that applies only to the 2nd wife's 2 children only or whether the other 2 children from your wife's father would qualify.
 

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