28A-22-2. Shares of after-born and after-adopted children.
The share of an after-born or after-adopted child, as provided by G.S. 29-9 and 31-5.5, shall be allotted to the after-born or after-adopted child out of any undevised real or personal property, or out of both, if there is enough such undevised property for that purpose. If there is no undevised real or personal property, or if there is not enough, then the whole of the child's share, or the deficiency, shall be made up from the devised real or personal property, or from both. The portion contributed by a devisee shall bear the same ratio to the devisee's devise as the after-born or after-adopted child's share bears to the net estate. (1868-9, c. 113, ss. 108, 109; Code, ss. 1536, 1537; Rev., ss. 138, 139; C.S., ss. 141, 142; 1973, c. 1329, s. 3; 2011-344, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates
§ 28A-22-1 - Scheme of distribution; testate and intestate estates.
§ 28A-22-2 - Shares of after-born and after-adopted children.
§ 28A-22-3 - Special proceeding against unknown heirs of decedent before distribution of estate.
§ 28A-22-4 - Distribution to nonresident trustee only upon appointment of process agent.
§ 28A-22-5 - Distribution of assets in kind in satisfaction of devises and transfers in trust.
§ 28A-22-6 - Agreements with taxing authorities to secure benefit of federal marital deduction.
§ 28A-22-7 - Distribution to parent or guardian of a minor.
§ 28A-22-8 - Executor or trustee; discretion over distributions.
§ 28A-22-9 - Distribution to known but unlocated devisees or heirs.