Aunt died will not viable

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retired2015b2d

Dryer sheet wannabe
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Dec 13, 2015
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My aunt (last of her siblings) died this month. Her will, hand written and one typed don’t meet state law. No children.
16 heirs per state law of inheritance. One of her siblings no one in the family had been in touch with for over 50 years. So five of his kids we have no information on.
She had about 150k in cash plus car and house on reverse mortgage. With little info on location of some of the heirs and the small amount of money each would get can we just leave it and walk away? Does the state have to find all heirs or can one or two come forward and claim it? Location is NC. She was only close to one niece and ideally she should get everything but not sure that can happen. Any advice or ideas?
 
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You need professional advice from an NC lawyer specializing in this, not just us SGOTIs. Sounds like the estate has the funds to pay for it. This is state specific. I don't see anyone here claiming to have passed the NC bar.

My very good friend was in a similar situation with his aunt in Georgia. It took about 2 years to resolve. His GA based lawyer "had a guy" (reminds me of "Better Call Saul" having Mike) who was expert at finding people, and he found them all in quick order.

He did all the procedures according to law. It was a lot of work and a lot of certified letters and such. Some beneficiaries even signed their rights away to the inheritance. Because he only paid for initial legal advice and the private investigator, the expense wasn't crazy. He also charged for the work he put into it.

There was no "picking and choosing the good ones." Nope, by law an attempt had to be made with every single name (his was about 16 too).

I will say this: since you have now poked into this as de facto executor, you can't just walk away in case there is a claim that comes at you. If you want out as executor, you need to make sure you legally declare yourself out properly.
 
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JoeWras said:
You need professional advice from an NC lawyer specializing in this, not just us SGOTIs. Sounds like the estate has the funds to pay for it. This is state specific. I don't see anyone here claiming to have passed the NC bar.

My very good friend was in a similar situation with his aunt in Georgia. It took about 2 years to resolve. His GA based lawyer "had a guy" (reminds me of "Better Call Saul" having Mike) who was expert at finding people, and he found them all in quick order.

He did all the procedures according to law. It was a lot of work and a lot of certified letters and such. Some beneficiaries even signed their rights away to the inheritance. Because he only paid for initial legal advice and the private investigator, the expense wasn't crazy. He also charged for the work he put into it.

There was no "picking and choosing the good ones." Nope, by law an attempt had to be made with every single name (his was about 16 too).

I will say this: since you have now poked into this as de facto executor, you can't just walk away in case there is a claim that comes at you. If you want out as executor, you need to make sure you legally declare yourself out properly.
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No one has started the process to settle the estate. Most of us just want to walk away.
 
retired2015b2d said:
No one has started the process to settle the estate. Most of us just want to walk away.
Click to expand...

Got it. It is in the state's hands. The courts should then assign an executor. The estate will probably be eaten up. My friend agreed to be executor to avoid that. BTW, some of the relatives declined the inheritance so that the youngest would get a bit more. Nice family.

I only mention protecting yourself because I've seen maybe too many stories on this board that go like this: "John got into the house and cleaned out all the good stuff." Reply: "Take him to court."

And so on.
 
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If it were me it sounds like a huge hassle for negligible gain that will benefit strangers, so I would dump the whole mess on the probate court, tell them that you have no interest in being executor and let them figure it out.

As JoeWras posted, what estate there is will likely be eaten up by legal and other fees whether you serve as executor or the probate court does, but that is your aunt's fault for not keeping her affairs in order.
 
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^^^^
Or as we say around here, "The juice ain't worth the squeeze".
 
Car-Guy said:
^^^^
Or as we say around here, "The juice ain't worth the squeeze".
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I don’t know. I’d walk away from any responsibilities but I don’t see any reason to walk away from the inheritance. Let what happens happen and if the OP gets a few bucks, they can decide what to do with it then. Being in the chain of heirs shouldn’t decrease the estate any.
 
^^^ even if retired2015 is in the chain s/he would still get whatever heirs are due even if s/he dumps it on the probate court, but with a lot less hassle and stress.
 
Agree with the two post above... I just don't want to be the one dealing with it.
 
Never mind anecdotal or armchair legal advice.

Engage a professional to guide you and handle the legal/executor issues Send everything to auction or donate.

Seems to me there should be enough funds in the estate to cover these costs.

Wash you hands of it.
 
I will echo the sentiment of the others. You really, really, do not want to have anything to do with this mess. If in the end you get a few bucks that's fine, but it will take a couple/three years or more and it won't be enough for a down payment on a used car. More likely lunch at McDonald's.
 
I assumed of there was no will and no beneficiaries on any accounts then it would go to immediate family(parents, kids, siblings). Why would cousins or nieces or nephews be involved if there is a Brother still alive?
 
aaronc879 said:
I assumed of there was no will and no beneficiaries on any accounts then it would go to immediate family(parents, kids, siblings). Why would cousins or nieces or nephews be involved if there is a Brother still alive?
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If there is no will or the will is not viable as described, then the state law of intestate will decide "who gets what" and how much.

For example, a husband may wish that his wife inherit "everything". But if he didn't leave a viable will, then the law of intestate will decide how much the wife will inherit, frequently 50% with the rest divided among other potential heirs.

See: https://www.findlaw.com/estate/planning-an-estate/intestate-succession-laws-by-state.html
 
aaronc879 said:
I assumed of there was no will and no beneficiaries on any accounts then it would go to immediate family(parents, kids, siblings). Why would cousins or nieces or nephews be involved if there is a Brother still alive?
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All siblings are dead. We’re down to 16 nieces/nephews. She is only one on accounts.
 
aaronc879 said:
I assumed of there was no will and no beneficiaries on any accounts then it would go to immediate family(parents, kids, siblings). Why would cousins or nieces or nephews be involved if there is a Brother still alive?
Click to expand...

My widowed mom died 5 years ago in Oregon without a will, assuming everything would be split between us remaining 2 kids (I had told her to write one leaving everything to my sister because I had no use for the $$). The estate was split 1/3 to my sister, 1/3 myself (which I am giving to my sister $15k/year), and 1/3 to the children of my brother who pre-deceased her. She would not have been happy with the outcome.
 
CyclingInvestor said:
My widowed mom died 5 years ago in Oregon without a will, assuming everything would be split between us remaining 2 kids (I had told her to write one leaving everything to my sister because I had no use for the $$). The estate was split 1/3 to my sister, 1/3 myself (which I am giving to my sister $15k/year), and 1/3 to the children of my brother who pre-deceased her. She would not have been happy with the outcome.
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That is exactly why she should have taken the time and the effort to put her issues into a will or a document that would have been accepted by the state.

There is not rocket science.

This, and arranging your affairs in a proper manner, are the last kind things that you can do for your loved ones.
 
If you make a will and then move out of state do you have to make another? Kind of assuming so but IDK really.
 
badatmath said:
If you make a will and then move out of state do you have to make another? Kind of assuming so but IDK really.
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I believe that a will that meets the legal standard of the state where it was written will be accepted by other states, but state laws vary so much it would be foolish to not at least confirm that after one moves. For example there may be a time limit on how long a will from a former state of residence will be valid in the new state. Or it may not be valid at all for any period of time.
 
I wish the OP good luck...wife's dead aunt's estate (no children, all beneficiaries nieces/nephews in her will) is still being fought over, mostly by aunt's birth family who were estranged from her...by her own (& wise) choice.

Wife should have already gotten 5 figures...but I expect by the time all is settled will be more like 3 figures. :)
 
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