Legal Question in Wills and Trusts in North Carolina

"My Father died a short time ago, myself only blood son who hold my fathers name lives on my fathers farm with my belongings in my Fathers farm. THE QUESTION IS: DO I HAVE RIGHTS TO LIVE ON FARM?


Asked on 9/14/14, 6:23 am

1 Answer from Attorneys

You do not give me any relevant information. Children, regardless of whether they are biological or adopted children, do not have a RIGHT to inherit from their parents if their parents make a will. The parent can leave all to someone else or charity and totally disinherit the child if the parent so chooses. So the answer to your question is it depends. It depends on the information which you have chosen not to divulge to me.

When did your father die? Where did he live at the time of his death? In NC? Is that where the farm is at? Was your father married and had a living spouse? Did your father have a will? Was an estate probated for your father? If not, why not? Does your father have probate assets (if he has land, that may or may be a probate asset depending on how it was titled)? Are there any other heirs besides you?

Assuming that your father did not have a living wife at the time of his death and that you are the only heir and that your father did not have substantial debts and died without a will, then yes, in that case your father's land and everything else would pass to you. Whether you probate an estate for your father would depend on what other assets your father owns and what debts he has.

I suggest that you take all of the relevant information (will, death certificate, list of assets, debts and heirs) to a local probate attorney and pay the attorney to review and advise as to whether an estate needs probated for your father at this juncture.

Read more
Answered on 9/14/14, 10:11 pm


Related Questions & Answers

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