Legal Question in Wills and Trusts in North Carolina
Survivor
My mom was given up, not for adoption, when she was two. Two years ago she was reunited with her natural mother. My mom is about 68 years old; we can't locate a birth certificate. Unfortunately, my grandmother passed away last January 2008. They really tried to make up the time they missed together and a tremendous bond developed. It is widely acknowlededged that my grandma simply loved my mom so its hard to believe she didn't leave her any part of her assets. My aunt, the only other daughter, said that grandma had a will, but voided that by telling her verbally how she wanted her assets distributed. We know that if the will was not on file, the will is useless. My aunt and her offspring are determined to leave my mom out of any part of my grandma's assets, which include land, insurance and cds. Does my mother have any rights in this matter? Is she entitled to anything? My grandmother also had a son who survived her by just 4 months. We have not seen the will and nobody is volunteering to show my mom. We don't mean to alienate anyone but I believe my mother is entitled to something. If there is no legal standing, we'll just leave it be.
1 Answer from Attorneys
Re: Survivor
While it is not possible without looking into the matter to say whether your mother was an heir of your grandmother, is sounds as she is and it even sounds as if your aunt recognizes that fact.
It is possible to assure you that your grandmother could not "void" her will by telling your aunt what she wanted done with her assets.
Your mother's remedy is to demand that the will be produced, and this may involve getting the court involved.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
