Legal Question in Wills and Trusts in North Carolina
When my father passed in 1996 he willed equal shares of the property to my brother, sister and myself. At the selling, we gave my sister her share, I received my share and my brother agreed to allow us to pay him over time. The deed was transferred in my name solely. I was making payment to my brother prior to his passing on last year.
My brother passed without a will and he doesn't have a wife or children. His mother has hired an attorney to collect on the remaining owed to him. My question is this: Does she have any legal right to the money owed to him?
2 Answers from Attorneys
Yes. It is part of his estate.
If your brother died without a will, then the state intestacy laws will kick in. I do not know where your brother lived at the time of his death, but the intestacy laws usually provide that a person's assets will pass to their spouse and children, if any. Since you have indicated that there is none, then your your brother's assets, which include the payments to your brother, will pass to his parents. As his father is dead, his mother would be his sole heir.
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