Legal Question in Wills and Trusts in North Carolina
what happens when a person dies leaving nothing but an unsigned will?
My grandfather was married to my grandmother for 47 years and in 2003 he got married to another woman while still married to my grandmother whom he divorced later in jan of 2004. The new wife took care of all his burial and say they remarried again after him and my grandmother were legally divorced but noone can find another marriage document not even his "new wife". After he passed my grandmother found a will dated jan of 1973 but it was a copy and not signed. Assuming he did register the original will what happens to my grandfathers estate?
1 Answer from Attorneys
The unsigned will is not valid. You might check with the clerk of court to see if he registered the will. You might also check with the attorney who drafted it if they store wills for safekeeping.
The marriage to the second woman was bigamous. Did your grandfather make it legal after he divorced your grandmother? And did he legally divorce the second wife before re-marrying your grandmother? Only the actual wife and the children (or grandchildren if the children are deceased) will inherit the estate if a will cannot be found.
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