Legal Question in Wills and Trusts in North Carolina

in n.c. my father pasted and my brother and i are coexecutors and have no problem with dividing the estate but before it is cleared through probate court my brother passes also do i get everything or does his wife recieve his part


Asked on 9/23/12, 3:40 pm

1 Answer from Attorneys

Did your father have a will? If so, what did it say? Did your brother die after your father?

Assuming that there was no survivorship requirement in the will and your brother died after your fvather, then your brother's share of the property would pass to his heirs (if he had no will) or his beneficiaries (if your brother had a will). These heirs/beneficiaries would usually be your brother's wife and children.

By your reference to "his wife" I assume that you mean your brother's wife and not your father's wife.

I suggest that you speak with the probate attorney assisting you with probate of your father's estate. If you don't have one, then you may need to pay a probate attorney for a 30-60 minute consult. Also, an estate will need to be set up for your brother. Your duties would be complete when you paid your brother's share to the personal representative of your brother's estate. Its up to your brother's personal representative to make sure that the funds are distributed as per your brother's will or to his heirs.

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Answered on 9/24/12, 11:44 pm


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