QUESTION

I live in NC, my brother and I signed an affidavit that our mother left no will when she past. It's been 8 years he pops up with an unsigned will

Asked on Jun 19th, 2020 on Estate Planning - North Carolina
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I live in NC, my brother and I signed an affidavit that our mother left no will when she past. It's been 8 years he pops up with an unsigned will that's handwritten, trying to force me and my 6 children out on three street. Is this legal for him to do?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
If a court had admitted the Will to probate (proving) and appointed your brother executor, it would be his duty to gather the assets, pay the bills and distribute the rest in accordance with the Will.  Given the time that has passed, he would probably only be able to file a distribution deed distributing the property according to the Will.  BUT it is highly unlikely that a court would admit a unsigned Will to probate.  Hire a local probate lawyer to file an application to determine heirship and issue letters of administration and settle your mother's estate.  If both your parents have died and you and your brother are the only children, half the home is yours. 
Answered on Jun 20th, 2020 at 5:10 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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