Does spouse, child or both inherit property if no will in North Dakota?
Full Question:
My father passed away a month back in North Dakota. He did not leave any will behind. Will his property be inherited by my mother who is still alive or will I directly inherit the intestate share of my father?
12/28/2016 |
Category: Wills and Es... ยป Intestacy |
State: North Dakota |
#28912
Answer:
As per N.D. Cent. Code Ann. § 30.1-04-02 (West), if the spouse survives the decedent and there is no surviving decedent or parent or if all of the surviving descendants are also the descendants of the surviving spouse, then the entire intestate goes to the surviving spouse.
The section reads:
“1. The entire intestate estate if:
a. No descendant or parent of the decedent survives the decedent; or
b. All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.
2. The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.
3. The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent.
4. The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.”
Therefore, the surviving spouse is the heir at law of the deceased husband under the North Dakota law of succession. a. No descendant or parent of the decedent survives the decedent; or
b. All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.
2. The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.
3. The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent.
4. The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.”
