Rights of Children after Parent death

[keeter]

What is the name of your state? North Carolina

My father died suddenly after an operation Dec 13, leaving no will or insurance. He had been married for two years. Upon his death, his wife discovered many thousands of dollars of credit card debt (mostly in her name only) that she claimed she had no knowledge of. He had a car, computer gear, many many tools and other outdoor equipment, and a ton of music, personal papers, magazines, writings, etc. I do not know what the status of his personal bank account. He also had an office/bedroom in south carolina where he worked during the week. My father has two daughters by previous marriages, myself (age 30) and my half-sister (18yrs- who has a now 5 month old child).

Due to the large debt she discovered, his wife has been very upset and has begun selling everything. She has been very hard to communicate with and has denied our requests for simple things like music cds and fishing rods, though she has given me photos she found.

The office/bedroom in south carolina was in a business that my father was a part of with his brother. My sister and I have been denied access to the property in this bedroom multiple times, his brother states he will deliver it to the wife--but has not done, and the wife has not been to see it or pick it up. He had a stranger pack up all this property despite our requests to be involved in this process...he told me today that there are 15 boxes and admitted that some materials had been thrown away (magazines and writing that HE deemed objectionable!!). He again refused me access to see the boxes or to deliver them myself to her.

What are my legal rights to my father's property? I am most interested in personal items that are of no monetary value (papers, writing, magazines, etc?). Does my uncle have any right to hold these items?? PLEASE HELP

[justalayman]

intestate succession, share to survuvung spouse;

[url]http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_29/GS_29-14.html[/url]

shares of others other than a surviving spouse:

[url]http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_29/GS_29-15.html[/url]


somebody needs to open probate though to make it all nice and legal.

realize that this is after the estates debts are paid.

you are not entitled to anything specific without a will stating so, merely a $ value.

[keeter]

i read and printed these statutes, still a little confused..
do 'estates debts' include credit cards in wife's name only?? what about journals and papers that have no $ value, am i allowed to examine his personal property at all? then how does anyone know exactly what is there? as an heir to personal property can i make a claim to recover the property held in s.c. as outlined in NC statute: 29A-15-12, does probate have to be opened before i could do this?

Thanks!!

[justalayman]

Originally Posted by keeter

i read and printed these statutes, still a little confused..
do 'estates debts' include credit cards in wife's name only?? what about journals and papers that have no $ value, am i allowed to examine his personal property at all? then how does anyone know exactly what is there? as an heir to personal property can i make a claim to recover the property held in s.c. as outlined in NC statute: 29A-15-12, does probate have to be opened before i could do this?

Thanks!!

estate debts are only debts against the estate of the deceased. That would not include the step-mom's debts.

the personal items; needs to be addressed through probate court

the South Carolina property; since this was a business with his brother, how the business ownership was held would make a great difference.

Nobody is entitled to anything until the courts say they are. ALthough the stepmom will end up with a goodly amount of the estate and if she chooses to sell it off, so be it.

Bottom line is somebody needs to open probate and get control of the situation before all is lost.