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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7632
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My decesed brothers wife died she had no children no sisters

Customer Question

my decesed brothers wife died she had no children no sisters or brothers no will .so as a brother in law will i have a clame
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

My sympathies for your loss.

Expert:  LegalGems replied 1 year ago.

A few minutes please as I look into this.

Expert:  LegalGems replied 1 year ago.

Unfortunately, if a party dies without a will, there estate passes via the laws of intestate succession. According to NC's law, this means property would go to one's spouse and biological children; if they do not have a living spouse/child, then the property passes to other blood relatives, such as grandchildren, parents, siblings, etc. If one has no blood relatives, then the property goes to the state. However, certain property can pass to others, according to the named heir on the document; so for example, life insurance, joint tenancy property, bank accounts with pay on death beneficiaries - all of these go to the named beneficiary, and is not governed by a will or the laws of intestate succession. The statute re: intestate succession can be found here: http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0029.

Expert:  LegalGems replied 1 year ago.

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