Legal Question in Wills and Trusts in North Carolina

For most of my life, I had been told I was my Uncle's beneficiary, with two accounts in my name to be POD. As recently as January, said Uncle indicated there were hundreds of thousands of dollars in these accounts. There was a local "friend" who had access to Uncles accounts, as he assisted Uncle with day to day activities. Now that Uncle has passed, the will indicates I am to recieve the two bank accounts and the contents of the home. The accounts had less than 7,000.00 combined and when I as the "friend" about certain household items, I've been told they are no longer in the house. It's not really about the money, but I 'm confused by what I've been told over the years and also concerned that my Uncle may have been victimized. What should I do?


Asked on 4/19/12, 8:51 am

1 Answer from Attorneys
Rachel Hunter

I don't know who "told" you anything but whatever you were "told" about money is not legally enforceable. What matters is what is in the will. Also, a person can dispose of assets at any time prior to their death. If your uncle decided to go out and spend $100,000 that's his business.

That said, I don't know what this friend did or if he had a valid power of attorney. If the friend decided to help himself to assets or bank account funds without using these funds for your uncle's benefit, you will have to sue the friend. Know that litigation is very costly. It will depend on whether the assets are still in the friend's possession or can be traced into new assets. My advice would be to go and talk with a probate litigation attorney who handles these types of issues.

Read more
Answered on 4/19/12, 11:45 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in North Carolina