Legal Question in Real Estate Law in California

House and Property

When the parents die in the state of NC without a will, and there are 4 children with the son being the youngest, does the son receive the house outright?


Asked on 10/17/07, 3:00 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: House and Property

No.

Although I am a California lawyer, and not supposed to practice law in North Carolina, this was an easy one to research, and since you posted your question as being one of California law (?), I will give you an answer that I'm pretty confident is correct.

The principle of inheritance your question asks about is called male primogeniture. In feudal times, the eldest son inherited all the family real property in instances of intestacy, whereas personal property would be inherited in equal shares by all sons as well as all daughters. If there were a will, of course, that would override the rules of primogeniture.

Primogeniture was carried over from the Old World to the new, and it was the law of most of the colonies and, until the Revolution, of most of the states. However, it was quickly abolished everywhere in the U.S. during or soon after.

In North Carolina, the legislature adopted a law in 1784 modifying the rule of primogeniture to allow all sons to inherit equally, and in 1795 the North Carolina legislature abolished male preference in inheritance altogether. So, the principle you're asking about has not been the law of North Carolina for 212 years!

Get with it, man. Girls inherit the same as boys. All four will share the property.

Read more
Answered on 10/18/07, 12:01 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California