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Don't know what to do..........Father left no will

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CarlaRenee

Guest
Dear sir, My father passed away May of 1996. He was married to my mother for 17 years, and then left her to be with a much younger woman. He and his new girlfriend had three children. They got married a few years later. He had a farm and it had belonged to my grandfather. When my father died, he had not signed his will so the land was left to be divided between me (oldest), my sister, and my three half siblings and their mother. I was told that my mother may be entitled to a part because he had owned the farm when they were married. When they divorced, my mother signed her name off of the deed. A lot has happened since then. His new wife was named executor, and she will not talk to me about anything. There was a small insurance policy that she got, and there are debts to be paid. The lawyer assigned to the estate by the County, hasn't informed me of anything. My sister and I are heart broken and we have tried to stay out of my step mother's way because we wanted to do what is right for the smaller children, but she is not returning the kindness. We had no falling out before my father died, and I don't know why she is being this way. My real question is what are my rights as far as being an heir to the estate? I have a cousin that wants to buy a portion of the land to pay the debts or else it will go for auction. My cousin and my father's wife are good freinds, and neither ever bothered to call me and tell me what was going on and why. This should not be happening because before my father died, I had a conversation with him, and he was signing a contract with a sand company that was going to pay him for sand to be used on the new highway. He died three weeks later. His wife said that he got the money and it was gone. That wasn't true because I did my homework and found that she infact had been receiving checks from Barnhill (sand co.). I was very hurt. I told the lawyer and I thought he was going to start receiving the checks and distribute them to the debtors so that we wouldn't have to sell anything. It's been two years, and we just received another certified document saying that the land will be auctioned or our cousin will buy it. My step-mother also forged my father's signature on a document that said he was selling the farm to her brother and it was notorized and therefore we (me and sister) would have no right to anything. I found this and took it to the sherrif's department. Nothing ever happened because she never pushed the issue. She also admitted to doing this. I am so sorry to boggle you with all of this, but I really don't know what to do. I have tried not to seem greedy by staying away and keeping peace, but I am getting ran over. I asked the lawyer about the checks that she had already gotten and the money she has made from the farm rights and hunting rights, but he says that he thinks she may be entitled to it because of her being the wife. He can't give me an answer. I don't know where to turn. My husband is military and we are 1000 miles away. We don't know how the cost of a lawyer will affect us, and we have four children and I am in college. Is there anything I can do on my own? Or what would be your thoughts on this complicated situation? The estate is in NORTH CAROLINA. Thank you and God bless. Carla
 


ALawyer

Senior Member
Your story is too long and complicated for any simple answer.

Also as your father's death was nearly 5 years ago, a lot may have happened in the interim that impacts your rights. But as often there are statutes of limitations and times to make certain legal demands, I URGE you to spend what will likely be a few hundred dollars to speak with a lawyer in the county where your father died and to have the lawyer evaluate the situation in detail and outline your options. It probably would take an hour to get the facts conveyed, an hour for the lawyer to check the files at the courthouse, and an hour to formulate a plan. That should range from $250 to $750 or so, depending on the skill and experience of the lawyer, what the facts actually turn out to be and how quickly the lawyer can get the matter done.

Very often a simple phone call from a lawyer then can get the matter handled satisfactorily and inexpensively at that point; if it gets to court with you suing your step-mother, that's likely to be an expensive process.

I wish you the best and again URGE you to speak with a lawyer.
 
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CarlaRenee

Guest
I just found out last night that 12 acres of land are up for auction. This will take place next month. (February) Somehow my step-mother and her Lawyer have worked around my husband and I. We never received documentation on this. I just happen to find out from a friend back home. I will go to the site you suggested and see about getting a lawyer to handle this for me. How could I get my step-mother out of being executor? Thank you so much for your reply. Carla
 

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