Dividing The Estate

[midniter]

Yes i got a question for someone?I had a aunt who broke her hip and she was put in a home and her husband couldn't take it so he committed suicide.Now my aunt died 2 months later and i have 10 aunts and uncles which all have passed away but 3.Now my aunt had no kids which leaves us as heirs.But instead of the money being split 10 ways with her bro's and sisters the adminstaror of the court wants to count all nephes and great nephes as equal as my aunts brothers & sisters.All of the other bro's sisters had only 1 to 2 children but 1 had 10 and they want to give all 10 equal share,i don't understand that at all why should we be penalized for her having 10 kids.I talk to other att's and they said they never heard of that so instad of it being split 1/10 each he wants to splt it 27th is this legal?

 

[midniter]

Dividing Estate

Is this a hard question to answer lol?I don't know to much about the law but i thopught someone could anser this fro me,i mean they had it all willed to each other,and aunt out lived him and their's 10 bro's sis- left either it'd split 10 ways or the court administraor is correct in saying it's split 27 ways!

 

[calalily]

Will?

Was there a will? If not, maybe according to your state law all heirs inherit equally. So neices and nephews and great nephews are heirs too. Try and check out your state laws on-line under estates or inheritance laws and see what you can find. Good luck.

 

[lwpat]

No one can answer your question without the proper information, like the state where the estate is being probated.

 

[midniter]

Yes i got a question for someone?I had a aunt who broke her hip and she was put in a home and her husband couldn't take it so he committed suicide.Now my aunt died 2 months later and i have 10 aunts and uncles which all have passed away but 3.Now my aunt had no kids which leaves us as heirs.But instead of the money being split 10 ways with her bro's and sisters the adminstaror of the court wants to count all nephes and great nephes as equal as my aunts brothers & sisters.All of the other bro's sisters had only 1 to 2 children but 1 had 10 and they want to give all 10 equal share,i don't understand that at all why should we be penalized for her having 10 kids.I talk to other att's and they said they never heard of that so instad of it being split 1/10 each he wants to splt it 27th is this legal?

I thought i put that in here i live in north carolina and its in davidson county.i just found the law in nc and it states that 7 deceased relatives bro's 6 sis get 7/10 and 3 living get 1/10 a piece and kids must split the 1/10 there parents get!http://www.finance.cch.com/pops/c50s10d190_NC.asp The brothers and sisters of the deceased each get an equal share. Any children or other lineal descendants of the 7 *deceased* siblings get to split their parent's share. Each child of a deceased sibling does not get a share of the overall pot -- only their parent's share.

If the executor/administrator of the estate does not agree, then the remaining interested heirs should approach the court about the issue. The executor answers to the court, not the heirs.

 

[midniter]

I thought i put that in here i live in north carolina and its in davidson county.i just found the law in nc and it states that 7 deceased relatives bro's 7 sis get 7/10 and 3 living get 1/10 a piece and kids must split the 1/10 there parents get!http://www.finance.cch.com/pops/c50s10d190_NC.asp The brothers and sisters of the deceased each get an equal share. Any children or other lineal descendants of the 7 *deceased* siblings get to split their parent's share. Each child of a deceased sibling does not get a share of the overall pot -- only their parent's share.

If the executor/administrator of the estate does not agree, then the remaining interested heirs should approach the court about the issue. The executor answers to the court, not the heirs.

I hope that help enough i can't figure out what count administraor trying to do as of yet1