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Essay / Research Paper Abstract
A 3 page research paper that discusses the details of North Carolina State intestate law, delineating the descent and distribution proceedings. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: D0_khnclaw.rtf
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Unformatted sample text from the term paper:
the deceased (Rules of descent and distribution). For instance, spouse and children generally share all proceeds from the estate. However, if there are no close relatives, then, depending on the
state, parents and siblings are next in line, and so forth, depending on the connection to the deceased. This can become rather complicated as there is considerable variation among state
laws (Rules of descent and distribution). Article 2 of the North Carolina Interstate Succession Act (1950, c. 879, s. 1) states that all of the estate of a person dying
intestate shall "descend and be distributed, subject to the payment of costs of administration and other lawful claims against the estate," after t he payment of all NC State inheritance
or estate taxes (Interstate Succession). Section 29-14 addresses the share of the estate going to the surviving spouse in regards to real property. The clauses of this section
detail how the estate would be distributed if there are other surviving close relatives. For example, if the intestate is survived by an only child, the estate is divided equally
between that child and the surviving spouse (Interstate Succession). If an only child is also deceased, but has a surviving lineal descendant, the estate is divided equally between the surviving
spouse and that descendant. If there are two or more children surviving the intestate (and, here again, this includes their surviving lineal descendants), the surviving spouse receives a one-third share
of "undivided interest" in real property (Intestate Succession). Surviving parents are also entitled to a one-half share of real property if the intestate is not survived by a child. However,
if there are no children, or any surviving lineal descendant from a deceased child, or a surviving parent, all real property goes to the surviving spouse (Interstate Succession). In regards
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