Legal Question in Family Law in North Carolina
My father passed in may 2012. His will gave all he had to his wife (not my mother). His will also stated that if his wife's death preceeded his, that I was sole beneficiary. His wife passed three months after him. She did not have a living will. I assume that everything goes to her children. Is this correct?
Her children did go to the home and take all that they wanted and left. I want nothing but I have a younger brother that moved in to the home after the children left with whatever they could load in their car. Now he wants me to sign a renunciation of right to administration and/or nomination and/or waiver of bond form, can I do this? I live in North carolina, my father lived in South carolina.
2 Answers from Attorneys
Based on you facts, you can't do what has been requested. You have no more right to the estate than he does. Your father's wife does not divest any property to you unless she adopted you or put you in her will. When your father passed, all of his interests went to her via his will.
If stepmom died intestate (without a will) you and your brother both got screwed and are entitled to nothing unless as Mr. Love suggests you were adopted. As for the form your brother is asking you to sign, I would definitely recommend that you not sign it as it's legality is very questionable.
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