Legal Question in Wills and Trusts in North Carolina

Im from ukraine and my adoptive father took money out from a will that we were all beneficiaries of and signed for my brother and I...he made the mistake of signing my brothers name on my release paper and my name on his paper. This happened in 2004 I fidnt know about it until recently when I went to Mecklenburg county court house in Charlotte to try to get my birth certificate because he denied me any of my legal documents except a paper copy of my Ukrainian birth certificate. He is a lawyer and is a proud owner of the Oracle law firm. I need help getting the money back. it was about 27,000 when it was taken out


Asked on 7/11/15, 7:02 pm

1 Answer from Attorneys

I am sorry but you post no relevant details here which would enable anyone to even know if what was done was improper. No one can take money out of a will. That makes no sense. Who died with a will? When? What did the will say? How old were you at the time? Minors cannot have money so was it placed in trust? Held by the court? How old are you know? Are you an adult and 18? You only have 3 years after you turn 18 to do anything and you are complaining about acts in 2004 - over 11 years ago. So you may have a statute of limitations problem depending on your age.

My advice to you would be to make a copy of the will and court file and have it reviewed by a probate attorney to find out if what was done is proper or improper. Whether your father could access the funds depends on how the money was held. And I don't understand why your father signed your and your brother's names. This is FORGERY if you and your brother were both adults.

And have you thought this through? You are talking about your adoptive father. Maybe there is bad blood, but is bringing a legal action here going to make that any better? Suing one's parent is just a drastic step. You better have rock solid evidence of impropriety here because there are going to be repercussions if you are wrong.

Read more
Answered on 7/12/15, 10:02 pm


Related Questions & Answers

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