Legal Question in Wills and Trusts in North Carolina

How do I know if my fahter was legally married? I signed for my aunt to become administrator over my father's estate 24 years ago. She stated they had married 6 months earlier. Now I have found unclaimed funds in my father's name. Is she entitled to it and how do I get it?


Asked on 9/30/10, 6:47 pm

1 Answer from Attorneys

You ask 2 separate questions. If your aunt was administrator then how is it that she married your father? She would then be your step-mother. Was your mother deceased or divorced and your father married your mother's sister?

To find a marriage certificate, you would have to check the court that issued a marriage license. Even if they were married someplace else there should still be a marriage certificate.

If your father was married at the time of his death, then his assets (assuming there was no will) would go to his spouse and children. That would be governed by the intestacy laws in the state where he lived at the time of his death. I also don't know what debts and assets he had or how they were titled so I don't know whether everything went to the alleged wife or not.

If your father had no wife, then the assets would go to your father's children. I don't know if you are the only child or not.

Your second question concerns unclaimed funds. Go to www.unclaimed.org. That site will provide you with a link to all of the state treasurer's offices. If the funds are in NC, then go to the NC treasurer's office and follow the instructions. The funds would go to your father's heirs, either as per his will or as per the state intestacy laws, which would be the wife, if any, and/or the children.

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Answered on 6/18/11, 11:20 am


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