Legal Question in Wills and Trusts in North Carolina

My grandmother passed away in October of 2015. Her will is currently in probate. My mother is currently very sick and it's unknown how much longer she has left. What happens to her portion of the inheritance if she passes before the probate finalizes.


Asked on 4/25/16, 9:28 am

1 Answer from Attorneys

The issue is not whether she passes before or after probate finalizes. The issue that the courts look at is who is alive at the time grandmother passed in 2015 and whether the inheritance was conditioned on a survivorship requirement (example - I leave my painting to A provided that she survives me by 120 days). If grandmother died in 2015 and mother is still alive and surpassed any survivorship requirement, then mother will inherit whatever is specified in grandmother's will. If mother dies before the probate can be finalized, then the personal representative of grandmother's estate will pay any money or property to the personal representative of mother's estate. The mother's share of grandmother's assets will then be distributed to the beneficiaries or heirs of mother as specified in either mother's will or under the intestacy laws of the state where mother resided at the time of her death. It also depends on what these assets are and what else mother owns.

I suggest that a consultation with a probate attorney would be in order whenever mother passes.

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Answered on 4/26/16, 9:43 pm


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