Legal Question in Wills and Trusts in North Carolina

Procedure for Execution of Will

My father passed away in April 2002. Current wife literally ''handed'' over a copy of his ''supposed'' Will that basically leaves everything to her, specifically stating if contested, kids get nothing (which according to this Will, he left us nothing anyway). It looks very basic, and suspiciously simple. She said the Will is legal and is not submitting it for probate, per her ''attorney''. Dad wasn't a millionaire, but the house she lives in is paid for. Out of the blue now, I'm receiving a Life Insurance policy from his Credit Union for $1500.00, which surprised and upset her since she had no control over this. Now she wants me to pay for the cremation even though it stated in the will for her to take care of that and to have a military funeral. She didn't even have a funeral service for him. How do we know there aren't more of these types of beneficiary things to come through that Dad may have rightfully left us? I have not been contacted regarding any Probate or otherwise, to resolve his belongings. Is this legal, that she would just continue to live on as though nothing has changed? And what good is the Will if she doesn't submit it somewhere?


Asked on 6/05/02, 1:27 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Procedure for Execution of Will

Under Florida law such clauses which disinherit any beneficiary who contests the will are unenforceable and invalid. Since any attorney should be aware of this law, it appears that the widow may not be completely honest with the family. To determine whether probate is necessary, filing the original will and preparing an inventory of estate property should be done. Filing a will is required within 45 days of death. Life insurance proceeds are not estate property and are paid to the named beneficiary. If you believe there is another will, you can file an action to compel filing of the original will. If there is no will, and there is estate property such as real property in your father's name, probate is required to handle any claims and distribute the property according to the will. If the home was owned in joint tenancy with right of survivorship, the widow owns the house which is not estate property. If there is little or no estate property, then the widow could be correct in stating that probate is not required. You are advised to consult with a local attorney who can discuss with you legal options and procedures.

Read more
Answered on 6/05/02, 7:04 pm


Related Questions & Answers

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