Is my deceased dad no longer a "survivor?"

[monkeypack]

What is the name of your state? NORTH CAROLINA

I didn't do a very good job with my title question, but here's the deal:

My grandfather passed away about 15 years ago. He left a house and separate piece of land, divided equally between my dad and his two siblings. The siblings sold the house to my dad, and that house went to me and my brother when my dad died about 5 years ago. But there's still a piece of land, still in the name of my grandfather's estate. My brother and I have assumed that when our aunts sell the land, he and I will get to split my dad's "third," but now I'm wondering if my dad is excluded since he's dead? I'm thinking now that my Aunts waited for my dad to pass away to do something with the land, so that they wouldn't have to split it three ways.

Does anyone know what the law is? I'm pretty sure my grandfather's will left everything to his survivors (his three children). So now that my father is dead, that means just the two daughters have rights to the land, right? My dad paid the taxes on the land for ten years, so it riles me a little that now *his* survivors might get no part of it.

Thanks for any advice.

 

[Ozark_Sophist]

Your dad's estate has a one-third share unless during the transaction to buy the house he used his share of the land as part of the bargain with his sisters. Have you talked with the aunts about this situation? It's no use worrying about it unless you know they are going to try to stiff you and your brother. If they are, seek a local attorney because this could be complicated. You are dealing with two estates and property transactions that a local attorney could review.

 

[monkeypack]

Thanks Ozark-Sophist.
He did not use his share when he purchased the house. But my brother and I feel they took advantage of him when they sold him the house, so it's one of those situations where we just sorta feel we wouldn't put it past them to try to do something sneaky. So as long as my dad was a survivor at the time of his father's death, he (or rather, my brother and I) still have a say over what is done with the land. Thanks - this is very helpful. If it starts to get complicated, I will contact an attorney, but you have been very helpful.

 

[seniorjudge]

Here's what you do: Go to the courthouse where the will was probated. Get a full copy of the entire file.

If the piece of land you are talking about was probated, then you should be able to tell from the file who owns it.

If you cannot tell who owns the piece of land you are talking about from reading the probate file, then ask a local title company to run a letter report on the land; that will tell you who owns it.

If the land was left out of the will, then here is where it will go:

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.

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