Legal Question in Family Law in North Carolina
How to preserve an equitable distribution claim in a divorce when ex spouse passes away
after the divorce prior to a scheduled mediation settlement conference?
What AOC forms should be used ?
Acting Pro-Se using a coaching lawyer due to limited financial resources.
Coaching lawyer has limited experience with estates.
Separated on 07/2018.
Filed for absolute divorce and equitable distribution on 07/2019.
Divorce on 11/2019.
Court ordered a mediation settlement conference on 01/2020.
Conference delayed due to Covid-19.
Ex wife passed away on 07/26/2020 prior to scheduled mediation settlement conference.
No estate file has been set up.
No executor, administrator, appointee, etc on record and assumed none will be.
During separation and prior to divorce ex wife conveyed a non-warranty deed of our marital home and property to her two sons (my step sons).
Because of this the two sons were named in the original divorce complaint and a Lis pendens filed.
How do I preserve the ed claim at the clerks office ?
What AOC forms should I use ?
1 Answer from Attorneys
This is not a 'forms' proposition. You need an attorney. However, I am wondering if you can not afford an attorney, what could there possibly be in the marital estate worth doing an ED claim over?
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