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?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: North Dakota
Answer:
If a person dies without a valid will in North Dakota, intestacy laws determine how their property is distributed. According to North Dakota law (N.D. Cent. Code Ann. § 30.1-04-02), if the surviving spouse is alive and there are no surviving descendants or parents, the entire estate goes to the spouse. If there are surviving parents, the spouse receives the first three hundred thousand dollars plus three-fourths of any remaining estate. If the surviving spouse has children who are not also children of the deceased, the spouse gets the first two hundred twenty-five thousand dollars plus half of the remaining estate. If the deceased has children who are not children of the surviving spouse, the spouse receives the first one hundred fifty thousand dollars plus half of the remaining estate. In your case, since your mother is alive, she is likely to inherit the property as the surviving spouse.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.