QUESTION
how to ensure my part of estate is awarded to me
Asked on Jan 26th, 2013 on Estate Litigation - North Carolina
More details to this question:
Mother died 12/26/12. She has told several members that her house will be left solely to me. She has also made it known that all remaining assests be divided equally between myself and my brother. It seems her written intentions have disappeared. I need assistance with ensuring my receipt of the family home and one of the cars as welll as whatever may be left in her bank accounts. II also need assistance with finding out what other assests she may have. I have been threatened by my brother via text which I have kept because he does not want to agree with the wishes of our mother. Thank you, Dawn Echols
1 ANSWER
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As a general matter, you have no right to rely on an oral promise by a decedent regarding the distribution of her estate. In the absence of a will, the assets of a deceased person are distributed in accordance with the laws of intestacy, not in accordance with the wishes of a particular child. The law of wills -- which requires a signed writing executed with particular formality -- was adopted precisely to avoid such disputes over incorrectly documented gifts. An attorney can assist you in seeking to be appointed as a personal representative, which will enable your discovery of estate assets.
Answered on Jan 26th, 2013 at 3:58 PM