Legal Question in Wills and Trusts in North Carolina
My step grandfather died and in his will left everything to my grandmother but she predeceased him and I'm her only heir but have no blood relation to my step grandfather. Is there any case that can help me in North Carolina or anything on a federal level that says I don't have to be a blood relative in order to probate this will?
1 Answer from Attorneys
You have kind of answered your own question. Your step-grandfather's will is controlling here. If he left everything to his wife (your grandmother) and she predeceased your step-grandfather, what, if anything does your step-grandfather's will say about what will happen to your grandmother's share?
Whether you get anything depends on the will. If it mentions you, then you are a beneficiary. If the will mentions beneficiaries other than you, then you get nothing. If the will says nothing, then a partial intestacy would result. In such case, the heirs of your step-grandfather, i.e., his children or grandchildren, or his adopted or blood relatives would inherit.
As he is only your step-grandfather, I assume that there was no explicit or equitable adoption of your father or you. Federal law is irrelevant; estates and will questions are purely a matter of state law.
Anyone can probate a will and serve as the personal representative. The personal representative's duties are to ascertain what the decedent (your step-grandfather) owned and what he owed, to pay any just debts/claims against the estate and to distribute what is left to the heirs. You could probate the will as long as you are otherwise qualified. However, unless you are a beneficiary, I am not sure why you would want the job.