Legal Question in Wills and Trusts in North Carolina
I owe for a business to a man with no will who just died.
I owe some money to a man with no will who just passed a way. He did not specify on our documents where the money should go in case of death. Our documents were notarized at a bank but not recorded anywhere at a courthouse. The sister has contacted us for the money. I don't know her. The brother has 2 daughters and an ex-wife. We don't know if she will give the money to whom it really belongs to. I want to send the money to the person that the court appoints administrator of his estate. The sister does not want to go through the court. She wants us to send the money to her. She even said we could write the check out to her brother. I don't know how she plans on cashing them. We have talked to financial advisors and they tell us not to do anything or have any contact with the sister. But she keeps calling. What should we tell her? and What should we do? Should we get a lawyer?
1 Answer from Attorneys
Re: I owe for a business to a man with no will who just died.
Sister is off base unless she is also named as a payee on the note. You should contact the clerk of court in the county in which the decedent lived and advise the clerk of the facts. You should offer to make your payments as they come due payable to: "The Estate of Decedent" and deliver those checks to the Clerk until an administrator of the estate is appointed. Your concern here is that the not not be treated as being in default as a result of non payment. Copy the sister on the correspondence so she knows what is going on and that you are serious about doing things right.
The note is likely not accelerated as a result of the death and continues to be payable on its original terms.
If the decedent died intestate, unmarried, his children are his heirs subject only to creditor claims.
Tell the sister to contact an attorney or the Clerk of Court. You do not need to talk with her unless she is appointed administrator of the estate.
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