Legal Question in Wills and Trusts in North Carolina

I am curious if I was mentioned in my father's will. After my parents divorced in Indiana in ~1959 he contacted me only a couple times. My father died in North Carolina in 2002 and I believe he was married at the time of his death. If I was named in his will I doubt much effort was made to locate me in Indiana. What are the laws in North Carolina about locating a beneficiary name in a will? How can I find out if I was named in my father�s will?


Asked on 12/31/12, 12:48 pm

1 Answer from Attorneys

When a person dies and a will is probated, the heirs have to be notified. If the personal representative could not find you, there are people finder services. Almost anyone can be found these days. It really is not all that hard.

What I would do if I were you is contact the probate court in the county where your father's estate would have been probated and see if there is an estate file. If there is an estate file, see what it will cost for the court to copy it and send to you. If its prohibitive, then hire a probate attorney who practices in that county to pull and review the file for you and discuss it with you.

If there was never an estate probated (which is likely) then see whether one could be done now. I would question why - statute of limitations has run on any claims, but did your father have any probate assets? Was he married at the time of his death? If most things were jointly owned, then they would have gone to his wife. There is also the possibility that you were disinherited given that you were obviously estranged from your father.

Read more
Answered on 1/01/13, 9:10 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in North Carolina