Legal Question in Wills and Trusts in North Carolina
Who are 'Lawful Heirs'?
Father's uncle died childless, 1959, leaving all real property to his ''lawful heirs'', with his wife to have a lifetime estate. She has died. Lawful heirs are siblings - but, one sibling predeceased the writing of the will by 7 years. Would she still be considered an heir, with her share being split among her children, or would her two sons, who paid NC inheritance tax on their share (what their share was then hasn't been discovered) in 1959, be viewed as actual heirs instead?
In one way, there would be 4 sibling heirs, with the sons of the deceased sibling splitting her share, and the other way 3 siblings and 2 nephews would share equally.
Help, please? Also - how would one find the NC inheritance tax rate used in 1959?
1 Answer from Attorneys
Re: Who are 'Lawful Heirs'?
All these are excellent questions for a North Carolina attorney who is knowledgeable and experienced in the probate and inheritance laws of N. Carolina, and any local bar association in the area where the "lawful heirs" reside should be able to recommend local counsel to assist you with this matter.
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