Full question:
My friend died of heart attack two days after his wife passed away in a car accident in North Dakota. They do not have any kids and both of them do not have parents now. The only person living in surviving them is my friend’s wife’s maternal grandmother who stays in the same town. My friend has left behind a huge property, and no will. Who would get the property? Are grandparents eligible to get intestate share?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: North Dakota
Answer:
When a person dies without a will (intestate) and has no immediate family, their property usually goes to the state unless there are distant relatives. In North Dakota, the law (N.D. Cent. Code Ann. § 30.1-04-03) outlines the order of inheritance:
- If there are descendants, the property goes to them.
- If no descendants, it goes to the parents, if they are alive.
- If no descendants or parents, it goes to the descendants of the parents (the deceased's siblings or their children).
- If there are no surviving descendants, parents, or their descendants, the property is divided among surviving grandparents or their descendants.
In your friend's case, since there are no children, parents, or siblings, the property would go to the surviving maternal grandmother. If she is the only surviving relative, she would inherit the property.
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.