QUESTION

Will still not probated going on four years, what can we do?

Asked on Jul 16th, 2013 on Estate Planning - North Carolina
More details to this question:
Mother in law died on February 16, 2009 in Kinston, NC. My wife and her sister were the only siblings. My sister in law had power of attorney when my mother in law lived and is executor of the estate after death. My wife died on November 4, 2012 without ever getting my sister in law to probate the will. My sister in law is a Maryland resident and North Carolina law will only allow residents or resident attorneys to probate a will. What can my daughters and I do to end this situation with the will? And is it true that a will is not required in NC if only property is involved? My sister in law also told my wife that a certificate of deposit was left to my wife but it also has my sister in law's name on it but sister in law insisted it was for my wife. Is there's anything that could prevent my sister in law from claiming the CD with a copy of my wife's death certificate which now I wish I hadn't given to her?
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1 ANSWER

I answered this question previously. Your daughters need to see a probate law attorney in the Kinston area to compel the production of the will. If the sister's name is on the cd then the cd is at least part hers. As I previously indicated, I would need to see the cd to know how its payable, but if the cd is payable to your wife and her sister upon mother's death, then at least 50% of the cd goes to your wife's estate.
Answered on Jul 18th, 2013 at 5:43 AM

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