Durham, NC asked in Estate Planning for North Carolina

Q: How do I out if my Grandfather had a will and if I am listed.my mother is not being forthcoming with any information

I Live in another city and was not even informed of my grandfathers death until after the funeral. when I ask her any questions she becomes very defensive and will not even answer simple questions. So I just want to know if there is a way for me to check on this without having to deal with her as I do not want to have a big family blow out over this. I have no information on who may have been handling his legal affairs at the time.

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: Yes. Contact the clerk of the probate court in the county where your grandfather resided at the time of his death and see if an estate has been probated. I would let at least 30 days pass following his death before you start to check. If the clerk says there is no estate keep checking every month for the next 6 months.

If there is an estate, then any will is going to be a matter of public record and you can see it. If there is an estate but there is no will, then you are not going to inherit anything. Where no will is filed, inheritance is by intestacy which means that all assets will pass, once the creditors are paid, to your grandfather's spouse, if any, and children. Since your mother is alive, she along with any siblings would inherit.

If no estate is probated in 6 months, you can ask the clerk to appoint a public administrator.

All of this begs the question though as to what type of assets did your grandfather have and how were they titled? Were they probate or nob-probate assets? Do you know whether your grandfather had any debts? Did his probate assets outweigh his debts or vice-a-versa? And why do you think your grandfather left you anything at all?

There is no right to inherit from a parent or grandparent. You obviously were not close to the family as you were unaware that your grandfather was deceased and relied on your mother to give you the information. Also, heirs cannot inherit assets until all debts have been paid and I don't know if your grandfather was in a nursing home or had other medical debts. I also don't know what your grandfather owned and if it was a probate asset. There are many types of non-probate assets which would include joint checking accounts, jointly owned real property with right of survivorship or IRAS, life insurance or other beneficiary-designated asset.

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