Heir Property

[nicholkenn]

What is the name of your state (only U.S. law)? NC

My father died. His wife sold his property 3 months later under a will. The will was invalidated. The lawyer failed to see if the will was valid and also did not have any signatures from the 6 children for the sale of the property. Who do I sue, the lawyer who allowed the sell (his associate stated in a hearing at the clerks office that the lawyer saw a will in the file and did not check to see if it was valid before allowing the sell) or the wife, the title insurance or all of the above.

Note: I had the will invalidated for numerous reasons and no other paper work has been filed such as annual or 3 month accountings with ther clerks office. All other property was sold and the wife has moved to another county. I also was told by the attorney that he would draw this out for 10 years if I did not leave it alone.

 

[FlyingRon]

Too little information here. You're best served by getting a lawyer.

How was the house titled? If it was joint tenancy or tenancy by the entirety the will doesn't apply at all. It's the wife's house to keep or dispose of as she feels fit.

Under what circumstances was the will invalidated?

You would need to make a claim against the purchaser. The purchaser (or their title insurer) will take action against mom. The title insurer (if any) will defend the purchaser (as they clearly screwed up the obligation to the purchaser). They have no responsibility to you at all, neither does the lawyer.

You're ill-advised to listen to threats from lawyers who do not represent you. Get your own lawyer (perhaps banding together with the other aggrieved siblings).