QUESTION

Do I have any claim to my brother’s estate if he had no will, spouse, or children?

Asked on Apr 02nd, 2014 on Estate Planning - North Carolina
More details to this question:
My brother passed away in an old folk’s home in NC. He had brain injury. My father is considered guardian and the state of SC, his conservator.
Report Abuse

1 ANSWER

No. Since your father is alive, your father (and your mother) would be the heirs for your deceased brother. Being a guardian/conservator does not give people rights of inheritance. A guardian is appointed to care for the person if someone cannot manage his/her personal needs. A conservator manages the money or property for the incapacitated person. When the incapacitated person dies, then the person's property is distributed by the terms of their will. if any, or the state intestacy laws of the state where the incapacitated person lived prior to death. Usually, if the person had no spouse, children or lineal descendants (grandchildren, great grandchildren) then their property goes to their parents, if living. Only if both parents are dead would the siblings inherit. The duties of the conservator would be to turn over any assets to the personal representative of the incapacitated person's probate estate. In this case, your father would probably be the best person to assume that role and he would just change hats. You mention SC - I am not licensed to practice in SC. I am licensed in NC. Your father, since he is conservator, really needs to speak with a probate attorney to find out his responsibilities.
Answered on Apr 03rd, 2014 at 7:12 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters