Legal Question in Wills and Trusts in North Carolina
Ok I'm looking for a lawyer, I'm a minor and my dad was killed in a car crash so my Grandfather is the controlling my fathers estate. I want to sue or press charges against him because he went behind my back and planned a auction of all my dads and my belongings while we were out of town. The people he hired came into MY house and moved funiture and broke many items and some items have even been stolen. I want to know can I sue or press charges for him hiring people that stole and broke item in my house. He spent thousands of dollars out of my dads estate to do this auction that I did not want. Can I sue or press charges
2 Answers from Attorneys
Speak to an estate attorney. It depends on who legally was entitled to administer the estate. If the grandfather is legally in position to do so, what he did might be legal.
Why do you think this was yours???? If the grandfather was the personal representative of the estate, he was supposed to take charge of the assets, pay any estate debts and then turn over the rest of the money to your guardian or the clerk of court. Minors cannot hold property or land.
You leave out a lot of details here and your post suggests that you do not know what is really going on. Also, there is apparently some discord between you and the grandfather. I would second Attorney Love's advice and go seek out a probate litigation attorney who practices in the county where your father's estate is pending.
The probate attorney will need to know when your father died, if he had a will, whether he was married, whether you were born in wedlock or out of wedlock and who else would be a beneficiary of the estate. The attorney will need to review the will, if any, and the estate file to see what has been done and why it is necessary to have an estate auction.
If your grandfather has not administered the estate properly, then he can be removed. If he has used funds improperly and caused a loss to the estate, he can be ordered to reimburse the estate. Suing is very very expensive. If you have a case then you will need to figure out how the attorney is going to be paid. These cases are not done on contingency.
And unless you can show that your grandfather somehow stole/embezzled from the estate I don't see how any criminal authorities would be involved.