Legal Question in Wills and Trusts in North Carolina

You state that aunt left property . How? Did she have a will? If so, what does it say? Is the distribution per stirpes or per capita? If there is no will, the the distribution is per stirpes under the state intestacy laws.

Per capita is Latin for by the head. Example, same basic facts as you have; the money would be divided into 7 shares and each gets 1/7th.

Per stirpes is Latin for by the branch. In this example, the percentages will vary. Assume aunt had only 3 brothers, all deceased. Brother A had 2 girls, brother B had 2 boys, and brother C had 2 boys and a girl. In that example, one-third goes to brother A, B and C. Since they are dead, each brother's child will split their dead parent's share. So, brother A's girls get 1/6th each; brother B's boy's get 1/6th each and the remaining third is equally divided between brother c's 3 children who each get 1/9th.

So in answer to your question, I ask, did aunt have a will and what did it say, if so? if there is no will, then the distribution is per stirpes. The assets would pass to aunt's siblings (I assume aunt's parents are both deceased) and if there are no siblings, then divide the estate into however many siblings there are and nieces and nephews split the share of their deceased parent.