Legal Question in Wills and Trusts in North Carolina

siblings and settling an estate without a will

When Dad died he willed everything to Grandma, but Grandma died without a will. Now the children are quietly quibbling over what to do next and who should be in charge. One sibling thinks that she should be entitled to everything because she cared for Grandma, but Grandmas' income also provided alot for this sibblings family. The two brothers wish that everything be divided equally amongst the three. What should be done to settle this matter? Should each sibling have a separate attorney?


Asked on 3/19/03, 4:37 pm

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: siblings and settling an estate without a will

If the will is to be probated in South Carolina, anyone of the siblings or surviving spouse could apply to be the administrator of the intestate estate. Also, without a will, there are statutes which mandate the way the estate (property of the deceased) will be distributed. Yes! A sibling who is in disagreement with others should be represented by an attorney. Please seek advice in a private conference with a South Carolina attorney if the estate is to be administered in South Carolina.

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Answered on 3/19/03, 6:16 pm


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