Legal Question in Wills and Trusts in North Carolina

My mother died 3 years ago and left my sister a piece of property that does not exist. Can she legally claim a similar piece of property that was owned by my mother?


Asked on 11/21/10, 6:22 pm

1 Answer from Attorneys

When you say the property does not exist, what do you mean? Did the will refer to a specific piece of land that your mother sold after your mother made her will? Or did whoever made the will just make a typographical error (eg the drafter meant to refer to 123 Main Street and typed in 321 Main Street instead). Read the will. What was your mother's intent? That is what a court will look at.

If the property does not exist because your mother sold it, the gift is "adeemed" and her sister gets nothing. If a typographical error was made or if the first parcel of land was sold and there is evidence that your mother intended to leave her sister something, then maybe she can get the other parcel.

Of course, if she can make out any kind of valid claim at all, she can object. My advice would be to get an attorney that handles probate litigation to review the will and evaluate whether your mother's sister has a colorable claim or not.

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Answered on 1/13/11, 2:42 pm


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