Legal Question in Wills and Trusts in North Carolina

Wrong Property Left in WIll

Here is a complicated situation. Property divided into several parcels and distributed among various heirs. One heir makes a mistake in doing their will and lists a parcel they do not own as going to a particular person. They die. Now they have a will saying a percel owned by someone else is to go to another person and the one they actually own is not listed at all. Can this be fixed? What could happen with all this?

Asked on 2/14/07, 10:27 am

1 Answer from Attorneys

Dan Brady Brady, Nordgren, Klym & Morton, PLLC
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Re: Wrong Property Left in WIll

Assuming all of the "interested parties" (those who would take under the will or by intestate succession, if applicable) agree that there was an error in the drafting and that "A" really means "B" there should not be a problem.

This is commonly referred to as a "Family Settlement Agreement" and is specifically authorized under NC Law with the approval of the Superior Court by Consent Petition and Order.

The decedent's property that is not specifically mentioned in the will either passes by the residuary provisions of the will, or if there is no residuary clause, then by intestate succession. A review of the will would determine who would have to be included in the family settlement; either all of the residuary beneficiaries or all of the intestate heirs. Certainly to make the judges job easier in the entry of the Order approving the settlement, it would be helpful if all of the residuary beneficiaries and all of the intestate heirs join in the petition.

Dan Brady

Brady, Nordgren, Morton & Maqlone, PLLC

Raleigh, NC

nine-one-nine-seven-eight-two-three-five-zero-zero.

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2/14/07, 12:11 pm

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