Legal Question in Wills and Trusts in North Carolina
Marriage Fraud
My father recently passed away, and his ''wife'' has not done nothing but provide a very bogus looking will to my brother and me without submitting it for probate. She has stated 3 different amounts of years they were married (can't keep up with her own lies) and I called the county where they lived the past many years and there is no record of marriage there. How do I find out if they were truly legally married so that I can decide what direction to take with this bogus will?
2 Answers from Attorneys
Re: Marriage Fraud
You must appear in the probate proceeding and force her to prove everything. Call me if you need representation.
Re: Marriage Fraud
If there is estate property, it will be necessary to file the original will within a fixed period after date of death. The will can be contested by any interested party. All aspects of the will, including the marriage of the parties, will be subject to proof. If the property of the deceased was owned in joint tenancy with right of survivorship, whether they are married may be irrelevant. You are advised to consult with a local attorney who can discuss legal options and procedures.
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