A person who dies without a will is referred to have died intestate. The court will distribute the decedent’s estate to the surviving spouse first and then remaining balance will be distributed to the decedent’s descendants by using the Per Capita at Each Generation method. The court follows the intestate rules provided under the North Carolina General Statute (“NCGS”).
Spouse’s portion of the decedent’s estate:
NCGS 29-14 provides the rules for what portion of real property and personal property the surviving spouse shall receive from the decedent’s estate.
For real property the following rules apply under NCGS 29-14(a). First, if the decedent has no surviving children or grandchildren and their parents are also deceased, then the spouse receives all of the real property. Second, if the decedent has one child or any lineal descendant (grandchild) of a deceased child that has survived them, then the spouse receives only one-half interest in the real property. Third, if there is: two or more children, one child and any lineal descendant of one or more deceased children, or lineal descendants of two or more deceased children that has survived the deceased; then the spouse receives one-third interest in the real property. Lastly, if there are no surviving children or lineal descendants but one or both of the parents survived the deceased, then the spouse receives only one-half of the real property while the remaining portion goes to the surviving parent or parents of the deceased.
For personal property the following rules apply under NCGS 29-14(b). First, if the decedent has no surviving children or grandchildren and their parents are both deceased then the spouse receives all of the personal property. Second, if the decedent has one child or any lineal descendant (grandchild) of a deceased child that has survived the deceased, then the spouse receives the first $60,000 plus one-half of the remaining balance of personal property. Third, if there is: two or more children, one child and any lineal descendant of one or more deceased children, or lineal descendants of two or more deceased children that has survived the deceased; then the spouse receives the first $60,000 plus one-third of the remaining balance of personal property. Lastly, if there are no surviving children or lineal descendants but one or both of the parents survived the deceased, then the spouse receives the first $100,000 plus one-half of the remaining balance of personal property while the remaining portion goes to the surviving parent or parents of the deceased.
Surviving children and lineal descendant’s share:
Under NCGS 25-16 provides that the court shall use the Per Capita at Each Generation method to distribute the remaining portion of the decedent’s real and personal property. The Per Capita at Each Generation, provides the initial division of shares of interest is made at the closest generation at which one or more descendants are alive, but the shares of the deceased persons on that generational level are treated as one group and are dropped down and divided equally among the representatives in the next generation. Note that NC does not recognize step-children to take if their step parent dies intestate. However, NC treats half-blood and whole-blood descendants the same.
If you would like to speak with an estate planning attorney in regards to drafting a will, please contact Adkins Law for a free estate planning consultation. Adkins Law has offices in Huntersville and Ballantyne for your convenience.
A common issue co-parents have in rearing their children involves modifying or changing their child custody arrangement once a permanent order has been entered. Just because an order is deemed permanent, does not necessarily mean that it cannot be changed. Specifically, permanent child custody orders may be modified in two situations:
When a parent violates a court order, they may be found in contempt. A finding of contempt alone may not justify the modification of a child custody order. If the violation, however, is deemed to be serious enough to warrant a changed circumstance as for the custody arrangement, the custody or visitation order may be modified. The intent is not to punish the parent who violates the order, but instead to modify the order in the best interests of the child.
When one or both parents allege that there has been a change in circumstances that affects the child, a modification to the existing child custody order may be made. A substantial change of circumstances may involve something that changes the child’s wellbeing, relationship with their parents, the child’s personal wishes and desires, the conduct of the parents, and the child’s environment and living situation. The change must be substantial, and it must affect the child. This affect does not have to be adverse, but can be positive as well.
If you need to speak to a child custody attorney in regards to modifying an existing child custody order, contact Adkins Law. Adkins Law focuses primarily on family law matters, and has locations in Huntersville and south Charlotte.
In North Carolina, your driver’s license can be suspended for a number of reasons. The suspension period will vary based on the reason for the suspension. Commonly, people have their licenses suspended for failing to pay fines, speeding and reckless driving convictions, and DWI / DUI. You may also have your license suspended for failing to pay child support.
If your license is suspended, you will receive notification from the NC DMV. At that time, you may be able to request an administrative hearing to attempt to reinstate your license. Administrative hearings are not guaranteed and are granted depending on the reason for the suspension.
Upon requesting a hearing, you will retain your driver’s license and privilege to drive until you have the hearing. If you wish to request a hearing, or if you would like to find out if you are eligible to have a hearing, you can contact the NC DMV’s hearing office by phone or mail.
North Carolina Department of Motor Vehicles
Driver License Hearings
3116 Mail Service Center
Raleigh, North Carolina 27699-3116
Additionally, it’s important to note that if you lose your NC DMV hearing, you are able to appeal the decision of the first hearing to the North Carolina Superior Court if the appeal is made within thirty days.
If you would like to speak with a traffic attorney concerning a suspended license in North Carolina, please contact Adkins Law to arrange a consultation.