He has been married for a year. I helped purchase the home my son and his wife live in and my son was to pay me back when he got an estate settlement. My son has since passed. I would like to know my rights. All parties are from NC.

Hello chunn:

If you have your agreement in writing, then you have a claim against his estate... Other than that, I don't believe you do. Of course, if the family isn't amenable to your claims, you can always hire a lawyer to see if your rights can be enforced.

excon

You can make a claim against the estate, the problem will be proving to the probate judge that you did not give son a gift, not a loan, so is there some proof that this money you gave was a loan?

But no, you have no claim as a hier, you may have an claim as a creditor

Without a will it will depend on whether they had children. With no children his parents are entitled to a half interest in the estate.

GS_29-14

Quote:

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Originally Posted by ScottGem

Without a will it will depend on whether they had children. With no children his parents are entitled to a half interest in the estate.

GS_29-14

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As I read 29-14, in conjunction with 29-15, the parents would not be entitled to real property but would be entitled to half of any personal property over $50,000 in value.

29-14 says "(3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by one or more parents, a one‑half undivided interest in the real property;"

29-15 says "Those persons surviving the intestate, other than the surviving spouse, shall take that share of the net estate not distributable to the surviving spouse"

I read it differently. 29-14 says the spouse gets half of real property and half of personal property over $50K. 29-15 says the remaining heirs get what the spouse doesn't get.