QUESTION

How do we get our father’s things and what we are supposed to get if we won?

Asked on Oct 24th, 2013 on Estate Planning - North Carolina
More details to this question:
Recently my sister and I have been named heirs to our father’s estate. After battling a dialysis, tech that befriended him and surfaced with a will dated 5 days before his death and provided the day of his death to us. We were told his estate was being held by the court at this point. I was able to stop the guy by filing a caveat on my own. If the judge ruled in our favor today, what happens next? When will we get whatever is there? The guy also has my father’s boat and automobiles.
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1 ANSWER

If you win a will caveat then that means that the will is tossed out and is invalid. that does not revive any prior wills necessarily. rather, it means that your father will have been deemed to have died without a will. If this was in NC, then everything would pass to you and your sister assuming that your father did not have a wife at the time of his death. You indicate that the guy took your father's boat and auto. He must give those things back to the estate as they are not his unless your father gave him those things prior to his death. I have a hard time believing that this guy would want the hassle of administering the estate if it means that he is not going to get anything out of it. Did the judge's order include a directive that the guy resign or be removed as personal representative? If not then you would have to seek to have him removed by filing a petition with the clerk unless he voluntarily will step down. If he steps down or is removed, then you can be appointed as the successor personal representative. That still does not mean that you and your sister get your father's stuff. Before the heirs can inherit anything all claims/debts have to be paid. First thing is for the executor to take an inventory of everything that your father owned. Creditors have to be given personal notice and a notice must also be run in the newspaper. You indicate that your father was on dialysis he is going to have medical debts unless he had insurance. When all the claims come in then you can pay the bills. After paying the bills, you will submit a final accounting to the court. Once confirmed, you and your sister can split the remaining assets. This is just a nutshell version - you would do well to consult a probate attorney who practices in the county where the estate is pending.
Answered on Oct 25th, 2013 at 2:26 PM

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