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This is nuts!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

legaleagle0106

Junior Member
What is the name of your state (only U.S. law)? North Carolina
My husbands father died June 2008 and then my husband died in a car accident in July 2008 (5 wks apart). My husband and our family were listed in the newspaper as heirs but not listed or even mentioned in the will. My husband made the family business, even started working as a child. There are even articles written about his valuable abilities concerning the family business. The family business was even called Bob & Sons. Both of his parents are deceased and he is the oldest son. At the time of either death my husband was not working in the family business, but that shouldn't matter. When helping my mother with her will, the attorney said that if you want to omit someone from the will you must mention them and state they receive nothing. Now Because my husband died without a will his family has been very negative towards me and have nothing to do with our children. And if I can contest the will how long do I have to do so.
 


anteater

Senior Member
When helping my mother with her will, the attorney said that if you want to omit someone from the will you must mention them and state they receive nothing.
A good practice to avoid disputes. But not required by law.

Now Because my husband died without a will his family has been very negative towards me and have nothing to do with our children.
Because your husband died without a will? An odd reason...

And if I can contest the will how long do I have to do so.
Apparently, in North Carolina, 3 years from the opening of probate:

§ 31‑32. When and by whom caveat filed.
At the time of application for probate of any will, and the probate thereof in common form, or at any time within three years thereafter, any person entitled under such will, or interested in the estate, may appear in person or by attorney before the clerk of the superior court and enter a caveat to the probate of such will: Provided, that if any person entitled to file a caveat be within the age of 18 years, or insane, or imprisoned, then such person may file a caveat within three years after the removal of such disability.
 

Dandy Don

Senior Member
Your attorney can advise you whether you have valid legal grounds to contest or not. What is the estimated value of the estate? When you say that your husband and your family were listed "in the newspaper" as heirs, was that reference in a general newspaper article/story or a legal newspaper classified ad about the probate action being started?

Besides examining the will, your attorney will also need to look at any agreements relating to the business and its ownership. If your husband's father made some other type of arrangement for that asset to be handled, it might not even be a part of his estate, although that would be a bit unlikely.
 

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