Legal Question in Wills and Trusts in North Carolina
Finding A Will
My father who passed several years ago stated before he passed that his mother and father who has passed on, left a will . My father said his parents told him in the will he would receive the house and land(14acres). There were 5 siblings, and the youngest sibling came down to my grandparents home before they passed and supposedly retrieved the will.
My question is, can we find out if there was a will, and if so would it be documented anywhere in the courthouse? This has been quite some time ago. And the sister refuse to answer any questions we have about a will. Since my father has passed, do his children and spouse hav any legal rights to the house and land? The other siblings has said there was a will and that my grandparents did leave the house to my father.
1 Answer from Attorneys
Re: Finding A Will
You should be able to determine if there was a Will from records kept by the local Clerk of Court. If there was no Will, then the Clerk's office should know who was appointed as the Administrator and have records documenting the distribution of assets. Similarly, if there was a Will, the Clerk should have documentation of the distribution of assets as well as a copy of the Will itself. The length of time that has passed may present a problem in determining what, if any, property you may be entitled to. Generally, claims against an estate must be made within a relatively short period of time following the decendent's passing. However, it may be worth investigating, especially if there is any possibility of fraud in distributing the assets of the estate.
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