Legal Question in Wills and Trusts in North Carolina
My husband recently died from Cancer. We have been together for 12 years, 10 years married. During this time, his two sons lived with us until the left for college. Respectfully, they are now 27 and 25--both having lived on their own since being 20.
My husband and I weren't rich--but the sons thought we were and got as much as they could out of us.
In the last 5 years of us living together without them, we were enjoying life finally and then my husband got sick.
Upon learning that it was terminal, we both went and drew up our wills. He left everything to me and vice versa. He omitted his sons by his own choice because he wanted to be able to take care of me after he was gone. He did give me specific instructions as to what to give his sons--collectible stuff he had growing up. This was an oral agreement. He told me I could give them whatever else I wanted to. Money was never discussed towards them because as I stated, He felt as though He'd done his job with them and was now trying to take care of me, since my health isn't the greatest.
I went through Probate even though I really didn't have to (that was Per the Clerk of Court here). I did it anyway. Now Probate is over and I am trying to get the house ready for selling. My husband had 1 life insurance policy (100,000) and that paid the majority of all the bills and is now paying for the small improvements I am making on the house.
I recently decided to send each son a check. This was out of the kindness of my own heart.
While one accepted graciously, the other has now demanded that I give him more. I explained to him that I didn't have to give him anything since it was all left to me, but sent this to help pay some of his bills or whatever.
He is now threatening to send me to court and sue me for all his father's assets. Does he have any legal grounds to stand on? Is there anything he can do to me that will cause me to lose what money I have left and the money from the house?
1 Answer from Attorneys
I'm very sorry to hear about your loss and the stress associated with your step son's threats to send you to court. However, because you went through the probate process and because your husband had the foresight to do a will in NC, you should be protected from such threats. If your step son had a legitimate claim he needed to file it with the court prior to the close of the probate process. Since this wasn't done, he will likely be prevented from taking any actions against you or the estate related to his father's assets.
Very truly yours,
Cheryl K. David
Law Offices of Cheryl K David
5606 W. Friendly Avenue
Greensboro, NC 27410
www.cheryldavid.com
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