Are there any restrictions on who can receive assets from an intestate estate?

In North Carolina, there are restrictions on who can receive assets from an intestate estate. Intestacy occurs when a person passes away without leaving a valid will, and the estate is then determined by a series of rules set forth by the state. Under North Carolina law, the first step in determining the beneficiaries of an estate is to look at whether or not the deceased person has any surviving children, parents, or other family members. If there are no living relatives in the immediate family, then the estate will be passed to the surviving spouse. If there are living relatives, then the intestate estate is distributed to them according to the rules set forth by state law. Generally, the surviving spouse is entitled to one-third of the estate. If the deceased had children, the spouse is still entitled to one-third, and the children will split the remainder equally between them. If there are no living descendants or a surviving spouse, the estate will pass to the next closest relative, generally a grandparent or sibling. If none of those relatives are found, the estate will then pass to the state. In most cases, intestate succession law prevents minors, creditors, or any other persons from receiving assets from the deceased’s estate. If someone is not a relative of the deceased based on the rules of intestacy, then they are not legally entitled to any assets from the intestate estate. Furthermore, if someone is legally entitled to assets from the estate but is not mentioned in the deceased’s will, then they may not be eligible for any assets.

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