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If an heir is deceased, can their child claim the surplus funds? | NC

Pierce Law Group

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Q: If an heir is deceased, can that person’s child claim that share of the surplus funds? A: Often, yes—if the inheritance rules treat the child as the deceased heir’s qualifying descendant, the child can usually step into that heir’s place and claim that share by representation. This most often comes up when the property owner died without a will, a later tax or foreclosure sale creates surplus…

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