Legal Question in Wills and Trusts in North Carolina

This is why we have wills. Voiced requests mean nothing. I don't care if the Pope, God and Jesus heard your father say it. If your father did not make a will, its too bad.

Also, even if your father had a will, you allude to debts. If your father had debts, then these things have to be paid BEFORE the heirs inherit anything. This is especially true if we are talking valuable assets - cars, antiques or other valuable items. If its pictures of family gatherings, its different - these things have sentimental value but no other monetary value.

You leave out the important details. When did your father die? Did he have a will? Was your father married to the evil step-mother at the time of his death? Has stepmother moved to probate an estate? What did your father own and how was it titled?

Regarding personal loans of the step-mother, the estate of your father is not responsible for these debts. Were these loans just in her name or in both names of your father and step-mother?

Assuming your father did not have a will, then like it or not, your step-mother and your father's biological/adopted children ALL get to inherit. See below 20 Pa.C.S.A. � 2102 (assuming your father lived in PA at the time of his death)..

Not all assets are probate assets - life insurance, IRAs, annuities, joint bank accounts and jointly titled real estate all pass outside probate to the named beneficiary. Probate only concerns things owned by your father. Also, the stepmother is entitled to a commission and family allowance of $3500.

You need to speak to a probate attorney who practices in the county/state where your father lived at the time of his death. You need to pay the attorney to review any will or to advise you of the intestacy laws. You also need the attorney to review your father's assets and debts. If the stepmother has probated an estate, then your stepmother can be removed if she is abusing her power and selling items to pay her personal debts. If your stepmother has not probated an estate then you or any of your siblings can do so.

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20 Pa.C.S.A. � 2102. Share of surviving spouse

The intestate share of a decedent's surviving spouse is:

(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.