Legal Question in Wills and Trusts in North Carolina

If my Aunt has not used or suspected of destroying a newer version of a will and dispersed funds already do I have any recourse. Also she has not given me my Aunt's jewelry and is saying my Deceased Aunt gave it away to a Church Bazaar. My deceased Aunt did not do this, she loved her posseions and why would she give her wedding rings and jewels away? My question is, I know she wrote a new will in 2012, it was destroyed by my Aunt who was the executor and replaced by one she faired much better in. I broke my back as all was dispersed. She refuses to give me the jewelry. Do I have any recourse now or is it just to late?


Asked on 10/06/14, 9:03 am

1 Answer from Attorneys

Your post does not really make sense. You need to re-post with the relevant details or else sit down with a probate lawyer.

First, who died? Call them Aunt A. When? Where did aunt A live at the time of her death? Was aunt A married with a living spouse at the time of her death? Was an estate probated for her? Was aunt B the executor? Aunt A obviously made a will - it appears she had more than one. The second one would have revoked any prior wills if it was properly drafted and signed. Why was the second one never submitted?

Second, I know you broke your back, but if things were given away in 2012, then where have you been since then and why have you not acted sooner? You cannot sit still. If possessions are gone then they are gone. However, if the distribution was improper then the executor can be held liable.

You need to take both wills to a probate lawyer who practices in the county/state where aunt a (the aunt who died) lived at the time of her death. Pay the attorney to review the wills and advise of state law. Filing a caveat does not automatically mean that you win. If the second will is invalid, then it may not do anything in regard to the first will. And even if you succeed in getting the first will knocked out (and if the second will is invalid) it does not mean that you will stand to inherit anything. You do not indicate who you are or how you are related exactly so I don't know what you stand to inherit if both wills are knocked out.

Your post is inconsistent though - you first claim that an aunt (I assume aunt B) has not destroyed a will then claim that she has. My question would be if the second will is destroyed, how do you know there is a second will? Do you have a copy? Its a crime to destroy a will so this is a serious charge if true. That is something you need to address with the probate attorney.

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Answered on 10/06/14, 6:20 pm


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