fraud by claiming no will

[janicer]

What is the name of your state (only U.S. law)? n.c. how long does it take to be notified of inheritance? father died 6 months ago, not legally married to wife. I am oldest daughter from first and only legal marriage. attempts to talk with dads companion resulted in insults from her and indifference. what to do?What is the name of your state (only U.S. law)?

 

[tranquility]

What makes you think "companion" has any duty to you? Has probate been opened? If not, why haven't you opened it?

 

[Zigner]

What is the name of your state (only U.S. law)? n.c. how long does it take to be notified of inheritance? father died 6 months ago, not legally married to wife. I am oldest daughter from first and only legal marriage. attempts to talk with dads companion resulted in insults from her and indifference. what to do?What is the name of your state (only U.S. law)?

If he was not legally married, then she is not his wife. The fact that you referred to her as his wife makes me wonder. Can you explain what you meant by this?

 

[nextwife]

And what state(s) have the resided in? Where did he die?

File intestate probate if no marriage, common law per the state or otherwise, existed.

 

[commentator]

North Carolina does not recognize common law marriages regardless of duration. However, depending on the circumstances, this person probably needs legal counsel to begin probate and work through this situation. OP, who paid your father's final expenses? Did you attend the funeral, help make the final arrangements?

What attempts have you made to talk to companion? Did father own property that you are aware of? In other words, is there an estate to deal with? Were you just expecting the companion to pay all the bills, settle the estate for you and send you a large share of money? When you are waiting for your share of the inheritance and asking how long does it take, it sounds as though you expect someone besides you to take care of this.

 

[nextwife]

North Carolina does not recognize common law marriages regardless of duration. However, depending on the circumstances, this person probably needs legal counsel to begin probate and work through this situation. OP, who paid your father's final expenses? Did you attend the funeral, help make the final arrangements?

What attempts have you made to talk to companion? Did father own property that you are aware of? In other words, is there an estate to deal with? Were you just expecting the companion to pay all the bills, settle the estate for you and send you a large share of money? When you are waiting for your share of the inheritance and asking how long does it take, it sounds as though you expect someone besides you to take care of this.

We don't know if they always resided in NC, or lived many years in a common law state BEFORE moving there.

 

[Zigner]

That's why I wanted the clarification