yall Posted December 9, 2008 Share Posted December 9, 2008 I'm generally pretty reluctant to ask for legal advice on the internet, but I figured I'd get some thoughts from people around here. My wife's sister died recently, and was living in NC. Her mother is in this area (WNY). The sister had no significant other, no children, etc. The family (mom, my wife, and other sister) are in 100% agreement about what should be done with any remaining assets. That being said, there was no will. So regarding bank accounts, car, etc., should they contact a lawyer, or given that there should be no counter-claims to any of the assets, will they be able to do this on their own? Also, any knowledge of what should be done with her auto (1 payment left, titled and registered in NC, but now in NY) would be appreciated as well. Thanks in advance. Link to comment Share on other sites More sharing options...
buckeyemike Posted December 9, 2008 Share Posted December 9, 2008 Contact a North Carolina attorney. You can do so through the local bar association or lawyer referral service in the county where your wife's sister was living. An attorney in that jurisdiction can determine whether a probate estate needs to be filed. I hope that helps. Link to comment Share on other sites More sharing options...
stuckincincy Posted December 9, 2008 Share Posted December 9, 2008 I'm generally pretty reluctant to ask for legal advice on the internet, but I figured I'd get some thoughts from people around here. My wife's sister died recently, and was living in NC. Her mother is in this area (WNY). The sister had no significant other, no children, etc. The family (mom, my wife, and other sister) are in 100% agreement about what should be done with any remaining assets. That being said, there was no will. So regarding bank accounts, car, etc., should they contact a lawyer, or given that there should be no counter-claims to any of the assets, will they be able to do this on their own? Also, any knowledge of what should be done with her auto (1 payment left, titled and registered in NC, but now in NY) would be appreciated as well. Thanks in advance. My condolences to your wife's and your family. My Mother died several years ago, with small, uncomplicated assets - no real estate, little cash, and no will. One of my sisters was named executrix (by a court? I don't know). The property such as it was was given to some of her local grandchildren. Her vehicle - an older Mercury Topaz with no outstanding note, was released to my brother - we siblings signed some sort of N.Y.S. "quit claim" form for, IIRC, vehicles worth less than 10K. That gave him legal title to the car, which he gave to his son. Link to comment Share on other sites More sharing options...
yall Posted December 9, 2008 Author Share Posted December 9, 2008 Contact a North Carolina attorney. You can do so through the local bar association or lawyer referral service in the county where your wife's sister was living. An attorney in that jurisdiction can determine whether a probate estate needs to be filed. I hope that helps. It at least gives me something to go on. Thanks. Link to comment Share on other sites More sharing options...
BUFFALOTONE Posted December 9, 2008 Share Posted December 9, 2008 It at least gives me something to go on. Thanks. Sorry to hear Yall. Was this sudden, if you dont mind me asking? Link to comment Share on other sites More sharing options...
yall Posted December 9, 2008 Author Share Posted December 9, 2008 Sorry to hear Yall. Was this sudden, if you dont mind me asking? Very much so. Link to comment Share on other sites More sharing options...
BUFFALOTONE Posted December 9, 2008 Share Posted December 9, 2008 Very much so. Truly sorry to hear that. I hope all works out for you and your family. My condolences. Link to comment Share on other sites More sharing options...
Chef Jim Posted December 9, 2008 Share Posted December 9, 2008 I agree with contacting a lawyer in the state of domicile (NC). Here in CA if the estate is less than $100k there is no probate. I have no idea of the laws in NC but regardless you'll need to get a lawyer involved even if the estate is very small just to make sure it's all done right. Link to comment Share on other sites More sharing options...
slothrop Posted December 9, 2008 Share Posted December 9, 2008 When someone dies intestate (without a will) there is a line of succession a court will use. If her mother is still alive and she had no children or husband I think everything will go to mom (unless I am not remembering my estates class from law school or if NC law differs from common law). You can get mom to waive her rights and then the estate would be spread equally to her siblings. Surrogate courts are usually very helpful if you call them. Link to comment Share on other sites More sharing options...
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