QUESTION

What can we do if my brother died with no will?

Asked on Nov 23rd, 2013 on Estate Planning - North Carolina
More details to this question:
My brother died, no will and left a little bit of money in bank. I have another brother and the brother that died has a daughter that we can’t find. A girl is saying she is the daughter but she cannot prove that he was her father i.e. She has no birth certificate. I’m in NC.
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1 ANSWER

The lack of a will is not a problem in terms of probating an estate. Did your brother live in NC? It does not matter where you live but where your deceased brother lived at the time of his death as that is where any estate will be probated. Different states have differing probate laws and if the estate will be probated elsewhere then you need to contact a probate law attorney who practices in the county/state where the estate will be probated. In answering your question I have assumed that the estate will be probated in NC. You will fill out letters of administration. You do not indicate what your brother owned besides a little money in the bank. If the estate is very small (under $10,000), you may be able to use the simplified procedure for estates (the affidavit of collection). This would allow you to get the money out of the bank. You would then put it into the estate account. You would have to pay any funeral or other expenses from the estate (claims of creditors or administrative expenses). The alleged daughter will have to be given notice of the probate but it will be up to her to prove paternity. If paternity is not established then your brother will be deemed to have died childless unless there were any other children and/or a spouse. The order of preference for intestate heirs is any spouse, children or lineal descendants (grandchildren). If none (I am assuming from your post that your brother was not married at the time of his death and that he had no children other than this alleged daughter) then your brother's assets would pass to your parents. If both are dead, then to the sisters and brothers of your deceased brother. You indicate that another brother has died previously and that he left a daughter who cannot be located. You will have to hire a missing heir service or private detective. Very few individuals truly cannot be found. If she truly has disappeared then her share of your brother's estate (this would be equal to the share of her father) gets held in trust and is paid to the clerk of court to hold in trust for her.
Answered on Nov 27th, 2013 at 8:30 AM

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