Who will receive the estate if a will is invalid?
In North Carolina, if a will is invalid, the estate will be distributed according to the laws of intestate succession. Intestate succession is the process used to determine how an estate is distributed to the heirs without a valid will. This process is regulated by state law and varies from state to state. In North Carolina, the law of intestate succession outlines the following order of heirs: 1. Spouse and children. If the deceased individual has a surviving spouse and children, then the spouse will receive the entire estate. If the deceased individual only has one child, then the spouse will receive one-half of the estate, and the other half will be distributed to the child. 2. Parents and siblings. If the deceased individual does not have a spouse or children, then the estate will be divided between the deceased individual’s surviving parents and siblings. The parents will each receive one-third of the estate, and the remaining one-third will be split between the surviving siblings. 3. Extended family. If the deceased individual does not have any surviving spouses, children, parents or siblings, then the estate will be distributed to the deceased individual’s extended family. This includes ancestors, such as grandparents, aunts, uncles, and cousins. If the deceased individual does not have any heirs or extended family, then the estate will pass to the state of North Carolina. The process of intestate succession can be complex and it is important to be aware of the laws in your jurisdiction in order to properly distribute assets from an estate. An attorney can help explain the laws of intestate succession and guide you through the process.
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