Legal Question in Wills and Trusts in North Carolina

And your question is? Probably how you can get a share of whatever you think should be yours. You have acted too late. Jointly held assets are not probate assets. So if there are any monies in the checking account, they go to the surviving account holder, your brother. Real property sounds like it already was conveyed away.

There is a whole lot going on here which you do not address. Why was your brother doing all this? Was this some deal made between your mother and brother pursuant to which he would care for her if she left him her house and money? Where were you in all this? When was the property conveyed?

To undo this, you would have to get an estate probated for your mother and be appointed as personal representative of the estate or you would have to show that your mother had no will and you would have been an intestate heir of her estate and entitled to a share in it. Then you would have to sue your brother and claim that the deed transfer and anything else was fraudulent due to either your mother's mental incapacity or your brother's undue influence. Was your mother really in a rehabilitation facility or a nursing home? Why? Was she mentally competent?

This is going to be very expensive. What is the house worth and how much was in the bank account? Is a lawsuit going to be worthwhile? And no, this is not a contingency fee kind of case, so most lawyers are not going to do this for free. I think you need to talk with a probate litigation attorney who practices in the county where your mother formerly owned property or where an estate is or would be probated for her. You need to know if the costs of a lawsuit will be justified if you win. It makes no sense to spend $10,000 or more if you are only going to get $5000 back.