If your mother doesn't create a will in NC, your deceased sister's children will likely inherit under NC law.
If your mother creates a will then her estate will go to whomever she designates.
Yes, under North Carolina's Intestate Succession Act, the share your sister would have received passes to her two children in equal shares.
Licensed in North Carolina only. This post is intended for general informational purposes only. By submitting this information, I in no way intend to create an attorney-client relationship with any prospective reader, nor does this post serve to establish such an attorney-client relationship. You should consult with your local attorney prior to making any decisions which may impact your legal rights.
Mr. Alexander answered your question: This is an "intestate" case (no Will) and the law gives your sister's children her share.
Yes, your deceased sister's children would inherit her share, if any, of assets that pass through the estate in accordance with the Intestate Succession Act. However, many assets do not pass through the estate. Life insurance, retirement plans, brokerage accounts, and even some bank accounts will pass directly to named beneficiaries. It would be prudent for your mother to discuss these matters with a competent estate planning attorney to make sure that her assets pass according to her wishes. Having a will is a very good idea, but it is only one piece of the estate planning puzzle.
This answer is meant as a public service only and should not be regarded as legal advice. Legal questions are extremely fact driven, so it is imperative that you consult a competent, licensed attorney before taking any action.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline