Legal Question in Real Estate Law in North Carolina

My Grandmother left her land and house to her heirs (7 children). All 7 are now deceased. Only two of those children had children, or married. Daughter #1 had 3 children. Daughter 34 had 2 children. None others. Question. Should the property be divided 5 equal ways, or does Daughter #1's kids get 1/2 (to be divided 3 ways) and daughter #4 's kids get 1/2 (to be divided 2 ways)?? North Carolina property.


Asked on 2/15/11, 11:43 am

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

More facts are necessary. Basically, this is going to be a little messy. What is needed is a family tree, a copy of Grandmother's will if any and a copy of the will of each child. For anyone who died without a will, it woul dbe necessary to know the names of all the children, spouses, and parents alive at the time of their death. If the children had no spouses, parents or children alive when they died, then you would need to know the brothers and sisters and nieces and nephews alive at the time they died. This is actually a pretty complicated question and probably cannot be answered on this forum. I would suggest asking an attorney to perform a title search in the county where the property is located.

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Answered on 2/15/11, 1:16 pm


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