QUESTION
My Dad passed away 9 months ago. My stepmother said that he didn't have a will. He did have one but she destroyed it. what can I do legally .
Asked on Dec 26th, 2012 on Estate Litigation - North Carolina
More details to this question:
My dad had a will and my stepmother destroyed it. he had left everything to me. She gave everything away to her family. I just found out that she had destroyed the will in front of someone and even let them read it before she destoyed it. What can I do legally.
1 ANSWER
Litigation Attorney serving Raleigh, NC
at
Burns, Day & Presnell, P.A.
Update Your Profile
you likely have a claim for breach of fiduciary duty against your stepmother. it could be difficult to prove, but depending on the size of your father's estate, it could certainly be worth doing so. you should speak with a skilled attorney with experience in estate-related disputes. most firms that handle this type of work, including mine, offer free initial consultations. good luck going forward.
-Jay Mills
James J. Mills
2626 Glenwood Ave., Ste. 560
P.O. Box 10867
Raleigh, NC 27605
Telephone: 919.235.3824
Fax: 919.782.2311
www.burnsdaypresnell.com
Answered on Dec 26th, 2012 at 3:32 PM