Legal Question in Wills and Trusts in North Carolina

I understand all that.The Deceased raised me, he died intestate, 7 years ago he gave me a declaration of heir apparent, but court has not recognized it even after citing Holt v Holt a Supreme court case, therefore question then is the Declaration legal and if so what law or statute?


Asked on 4/12/12, 8:28 pm

1 Answer from Attorneys

I have no idea what this "declaration of heir apparent" is or in what state "Holt v. Holt" was decided. I have not seen the documents either. My guess is that this document is a nullity and is invalid. You don't name people as an heir apparent in Pennsylvania.

And just raising you was not enough if there was no will. There is such a thing as equitable adoption in some states but I don't know if any of the elements of that exist here.

You need to take whatever document you have to a local probate attorney in the county/state where the deceased lived at the time of death and get an opinion as to whether this document is recognized by state law and if not whether the state recognizes equitable adoption and if so whether you meet the requirements of it.

The deceased should have made a will.

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Answered on 4/13/12, 10:16 pm


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