Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

Can the heirs to an estate agree or contract to divide the

proceeds differently from the intestate...
Can the heirs to an estate agree or contract to divide the proceeds differently from the intestate laws?
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
6/24/2013
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,506
Experience: Texas lawyer for 30 years in Estate law
Verified

Thanks for your question and good evening.

In the event that the person deceases without a will the estate passes by the laws of intestacy.The probate court would apply them in naming the legal heirs and their shares.The heirs once named cannot contract around this, the probate court has to apply them to the assets of an estate.They cannot divide assets here other than the court applying the laws of intestacy.These laws are mandatory where there is no will in place.

The court is mandated by law to follow the laws of intestacy and the court divides the assets and disburses them to the heir or the proceeds from the sale of assets.Either way the laws of intestacy control here.

Reference..

http://www.nolo.com/legal-encyclopedia/intestate-succession-north-carolina.html

 

The actual laws of intestacy in NC..

 

http://law.onecle.com/north-carolina/29-intestate-succession/index.html

It has been my pleasure to assist you tonight.Please let me know if you have follow up.Thanks again for letting me help you.

 

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

 

This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,506
Experience: Texas lawyer for 30 years in Estate law
Verified
RayAnswers and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


In NC once the administrator is named and determines the heirs, can the heirs agree how to divide the intestate estate; for example if the husband would receive the majority by statute, can he agree to divide the estate evenly with the adult children, if everyone signs ageeing to the distribution? if no, why not?

An heir here by law can sign a a declination of inheritance, so that the other heirs take it.They can also take the inheritance and then gift it to others.If he declines then it passes to the remaining legal heirs and their shares increase accordingly.

 

The written declination is prepared bu the estate lawyer and filed with the probate court and acts as the means to decline their legal share of the estate.


If he has to take his share he can turn around and gift it to his children or others.Thanks for the follow up.

Ask Your Own Estate Law Question
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,506
44,506 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

44,506 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
My brother and I are Heir to our father's estate, our sister
My brother and I are Heir to our father's estate, our sister is a court-appointed executor. It came to our attention that our sister is hiding assists in the estate. She has presented an accounting th… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
Illinois If you are an Executor and Heir of a Estate can you
Illinois If you are an Executor and Heir of a Estate can you Pro-Se a Wrongful Death litigation against another party?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
44,506 satisfied customers
Are you familiar with estate (possible probate) laws in NY
HI there! Are you familiar with estate (possible probate) laws in NY state? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
My husband passed away intestate...has a small estate
My husband passed away intestate...has a small estate consisting of a car. I would like to sell it, should I get an estate lawyer. My husband has a few credit card bills I need to pay. CC were only in… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
44,506 satisfied customers
I am executor of my uncle's estate and the only heir he
Hello! I am executor of my uncle's estate and the only heir he named in his will. He had several cars in his possession at the time of his death. One of the 4 he had in his possession for 6 years, but… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
Sold heir) of my late husband's (an attorney) estate. I have
I am PR (and sold heir) of my late husband's (an attorney) estate. I have been collecting fees due him from former client (minor represented by guardian/mother, who also was a clientr). I feel that cl… read more
RayAnswers
RayAnswers
Attorney
44,506 satisfied customers
As an heir to my mother's estate, I am having a great deal
As an heir to my mother's estate, I am having a great deal of difficulty with the lawyers. My lawyer is rude and demeaning. The lawyer HE put in place because of the legal issues with my brother (usin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
I need some help on a Texas probate intestate matter. Death
I need some help on a Texas probate intestate matter … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
My aunt is sole heir on her brothers estate we have been
My aunt is sole heir on her brothers estate we have been wondering if it is easier to just leave the house in her brothers name rather than going through probate, which can be very expensive, the hous… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
I am the sole heir for my mother's estate, the Executor for
I am the sole heir for my mother's estate, the Executor for her will, and the Trustee for the Trust her estate is in. The main item in the Estate is a Co-Op apartment. Because the Trust means there wi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
Should heirs named in a will get inventories of estate, Wv,
Should heirs named in a will get inventories of estate … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
As executor and sole heir of an estate, in New York State,
As executor and sole heir of an estate, in New York State, what is the process after the person has died? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
There are 8 heirs to my mother's estate. if one of the heirs
There are 8 heirs to my mother's estate. if one of the heirs pays the taxes on her properties do those properties become his? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x