Comments on: Problems With Intestacy

By: Jackie Bedard

Jackie Bedard — Thu, 01 Mar 2012 22:34:25 +0000

Mary, my sympathies to you and your family. Based on the situation that you described, it sounds as if the uncle is probably the best person to step forward. The order of priority for selecting the personal representative (i.e., the person that will step up to handle probate), is set out in NCGS Section 28A, Article 4: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_28A/Article_4.pdf

By: Mary

Mary — Wed, 29 Feb 2012 18:55:06 +0000

My counsin recently died intestate. She is divorced, has no children, and her parents are deceased. There is one surviving uncle related by blood (her mother’s brother). There are two aunts related by marriage. There are many counsins who are descendants of her aunts and uncles? We’re trying to decide who is most appropriate to “step up” to handle probate. In degrees of kinship, would the blood related uncle be the correct person?

By: Jackie Bedard

Jackie Bedard — Thu, 10 Mar 2011 15:32:17 +0000

Angela, I’m afraid there are a lot of moving parts to your question. The rights of heirs depend upon various factors such as whether property was owned individually or as joint owners with rights of survivorship. If your uncle has a claim for part of your grandfather’s estate, then they may not be able to complete the probate of your uncle’s estate until your grandfather’s probate is complete. I would strongly recommend that your family consult with a probate attorney in your area to obtain more specific advice.

By: Angela Deck

Angela Deck — Wed, 09 Mar 2011 23:38:41 +0000

I reside in Lee Co. We recently lost our uncle. He has three daughters that he leaves behind. My question is that he was an heir to an estate that has not yet been settled. My grandfather died without a will as many people of his generation did. My grandmother is now fearful that the girls may try to force settlement of the estate. My grandmother understands that she is entitled to a portion of the estate and land. This is her home where she has lived for 60+ years and she does not want people living on the 100+ acre farm with her that she does not know and does not want to give up anything that she and my grandfather worked hard to accumulate. She understands that when she passes it will be divided and she is okay with that. She just doesnt want it to happen before she passes. How does this work? What is necessary to make the family settle this estate?