Separation agreement enforceable?

[Duug]

What is the name of your state (only U.S. law)? North Carolina
My parents entered a separation aggreement in which my mother agreed to perserve multiple pieces of real property, and to leave the property to her 3 children in her will.
Over the years she has sold 1/2 of the property and has created a trust in which her assests and the property will be distributed to organizations and people outside of the family. My father has died, and one of my siblings has also died.
My question
1. Is the separation aggreement enforceable?
2. Is there anything I can do to obtain the property now?

 

[mistoffolees]

What is the name of your state (only U.S. law)? North Carolina
My parents entered a separation aggreement in which my mother agreed to perserve multiple pieces of real property, and to leave the property to her 3 children in her will.
Over the years she has sold 1/2 of the property and has created a trust in which her assests and the property will be distributed to organizations and people outside of the family. My father has died, and one of my siblings has also died.
My question
1. Is the separation aggreement enforceable?
2. Is there anything I can do to obtain the property now?

See an attorney - probably the attorney who handled your father's estate. Without knowing the exact wording of the decree, it's impossible to say if she is in violation.

Furthermore, it's not clear to me that you'd have standing to sue. Unless your father actually left you the rights to the property in his will, you are a legal stranger to the terms of the separation. It's going to get messy.

And for others facing the same situation- wherever possible, I believe that all transactions should be completed at the time of the divorce. Leaving things open ended is a recipe for disaster. In this case, it would have been better handled by putting the property into an irrevocable trust at the time of the divorce.