Legal Question in Wills and Trusts in North Carolina

Re: heirs rights

Power of attorney is revoked upon death. If there is no will, then someone should open up an intestate estate (any heir would have the right to do so - there is a list of who would be preferred in the statute and of course, another interested party could contest). But if your mother and father died without a will, since they have children, your aunt is not an heir.

Now, since she had a power of attorney while they were living, it is possible that she may have transferred assets to herself. For all you know, she may have transferred the house to herself. So you would need to do some research at the Register of Deeds office in the county where your parents' residence was located and possibly consult with an attorney. If your parents still own the house, then actually thec hildren are the new owners of the house (subject to possible creditors), so it is your aunt who would be trespassing. If your aunt transferred the house to herself, then you would definitely need to consult with an attorney and also see whether the power of attorney gave her the power to make such gifts to herself.

- Jeff