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settling an estate

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carolynst

Junior Member
What is the name of your state (only U.S. law)? nc
my mother died in Feb 08. she had spoken of a will, but we can't find it.
we can't name adminsitrator of her estate because my brother will not sign to appoint one.
after a year has passed and the estate has not been settled, won't the state take over and dispose of property to settle her estate bills? mother always wanted my sister to have her
property but since we can't find her will what do we do?
 


FlyingRon

Senior Member
Without a will, the rules of intestate succession apply (though if all the heirs can get together and negotiate the division, that would work). It's not clear why your brother is involved int his at all. This is an issue for the probate court.
 

Dandy Don

Senior Member
You don't have to name someone to be administrator. Do it yourself or hire an attorney to do it--the beginning process is for someone to go to the county courthouse probate court and do the paperwork to open up the estate. If you don't have the will, the estate is going to go to the kids if there is no surviving spouse.
 

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