Legal Question in Family Law in North Carolina
My brother deceased in January of 09, his wife had left him prior to that time. He left my younger brother as lega power of attorney..........his wife is fighting for half of everything even though she already had an ED settlement, then later went back to him which voided those papers. My question is this.........if she remarries, will that void her from fighting my brother and our family for half of everything? Please advise. Also one more question.....he sold my brother that is poa two cars that are antiques but not worth much due the work done on them, but he sold them during the marriage before his wife left, she is now wanting half of those also.....is this legal? or right?
1 Answer from Attorneys
Power of attorney ends at death. If your younger brother wants to be in charge then he needs to apply to be the personal representative of the estate.
Depending where your deceased brother resided, the wife may not be entitled to anything if there was a marital settlement agreement or an equitable distribution order in place,
I don't care what the wife wants. If the equitable distribution order gave the cars to your deceased brother and he sold them prior to his death then they are his, Your younger brother, if he has not done so already, needs to see a probate attorney immediately in the county/state where your deceased brother lived prior to his death.
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