If my mother-in-law died without a Will and my wife and her brother are fighting over her estate, how can this be settled?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother-in-law died without a Will and my wife and her brother are fighting over her estate, how can this be settled?
Asked on June 15, 2011 under Estate Planning, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your wife's loss and for the battle that has erupted. If your mother in law died with out a Last Will and Testament in place she is said to have died "intestate." When this happens the intestacy laws in the state come in to play and how the estate is divided - generally - is dictated by the statute. I say "generally" because the statute is NOT going to say who gets the rocking chair and who gets the china. It is going to say how the net proceeds of the estate - the gross value minus the debts minus the taxes - are to be split. And here it would most likely be 50/50. If they are fighting over "things" then maybe a mediator would help. They need to file an estate proceeding regardless. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.