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answer.If your husband dies is...
I have already asked the question, I was waiting on the answer.If your husband dies is his children heir to property or his wife.the Property belong to his deceased first cousin, His brother said blood kin are heirs, not wife. We have 4 adult chidren.
Submitted: 5 months ago.Category: Estate Law
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Answered in 3 minutes by:
11/9/2017
Estate Lawyer: RayAnswers, Attorney replied 5 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,388
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 5 months ago

Whats state here is involved?

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Customer reply replied 5 months ago
north carolina
Customer reply replied 5 months ago
No thanks
Estate Lawyer: RayAnswers, Attorney replied 5 months ago

Here in North Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:

If you die with parents but no descendants. Your surviving spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property, as described in the chart above.

Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $150,000 worth of additional personal property that would have passed under a will if she had made one. Joe inherits $125,000 worth of that property -- that is, $100,000 plus $25,000 (half of the $50,000 balance). The remaining $25,000 worth of Gerry’s intestate property goes to Gerry’s father.

If you die with one child or descendants of that child. Your surviving spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property, as described in the chart above.

Example: Bill is married to Karen, and they have a son in college. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $200,000 worth of personal property that would have passed under a will, so Karen inherits $130,000 worth of that property -- that is, $60,000 plus $70,000 (half of the $140,000 balance). The remaining $70,000 goes to the couple’s son.

If you die with two or more children, or descendants of those children. Your surviving spouse inherits 1/3 of your intestate real estate and a portion of your intestate personal property, as described in the chart above.

Example: Barrett is married to Jed and also has two children from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus a small vacation cabin and $300,000 worth of additional personal property that would have passed under a will if Barrett had made one. When Barrett dies, the cabin passes to Jed and the children in equal shares. Jed inherits $140,000 worth of Barrett’s personal property -- that is, $60,000 plus $80,000 (1/3 of the $240,000 balance). Barrett’s two children inherit $80,000 each.

Here you get half of the marital proeprty , your half plus your share above of his half.This will leave you with the largest share of all but the children have a partial interest as set out above.

I appreciate the chance to help you tonight.Thanks and thanks for rating 5 stars.I am so sorry for your loss of spouse.

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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).

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