Lawyers, Answer Questions  & Get Points Log In
North Carolina Wrongful Death Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law, Probate and Wrongful Death for North Carolina on
Q: I've lived on my grandfathers land long time. He married 1 1/2 ago. Died 4 mths ago how long can she hold the will away

She won't let us see the will. I'm the grandson, can I take her to court to contest will? Can I take wrongful death suit against her?

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

Go to the register of Wills for the County. See if an estate has been opened. If not find out the process for opening one.

2 Answers | Asked in Wrongful Death for North Carolina on
Q: Let me rephrase my question. An adult child is killed and does not leave a will. His only heirs are his parents whom

Have never been married to each other or anyone else. The death of the son involves a wrongful death suit. The fathers name is on the birth certificate and he paid child support. Would legitimization play a part in this case or is the father unable to inherit from the wrongful death settlement?... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2016

If the person died without a will, the estate will likely be distributed according to intestate succession which means parents will likely inherit the estate assuming no one else is first in line. Being legitimate or not has nothing to do with inheritance unless paternity is contested - which it... View More

View More Answers

1 Answer | Asked in Estate Planning and Wrongful Death for North Carolina on
Q: Does estate account need to be reopened to cash class action settlement proceeds in NC for wrongful death?

In NC

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2016

May be a question of amount. If you had an attorney for the estate ask them. To avoid issues with taxing authorities if the amount is more than a few dollars may be a good idea but speak to your attorney or at least the register of wills for your county.

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for North Carolina on
Q: Who handles Nursing Home Questionable Deaths and lawsuits in NC?

The doctor of the nursing home put down the incorrect cause of death even though the nursing home is where my mother had a massive bleed out which caused her death.

Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2016

You have to decide if you want an autopsy. Do understand that the fact she had a bleed out doesn't necessarily prove substandard care. However what you need is a member of the NC Trial Lawyers Assn /Assn for Justice who handles medical & nursing home cases. They give free consultations.

1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on
Q: If my father had been taken seriously, (when he said he could not breathe right), and instead of just being told

that he was FINE, and just needed to GO TO SLEEP, and that he was being discharged to rehab on Monday morning and the paper work had already been sent, if instead an xray had been taken, that would have shown that a blood clot was forming in his throat that was starting to block his airway,... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 8, 2016

You need to contact a member of the North Carolina Trial Lawyers Assn who handles medical cases. They give free consultations.

1 Answer | Asked in Criminal Law and Wrongful Death for North Carolina on
Q: Who handles fraud crime of step-dad stealing from wrongful death settlement of prior dad's death via marriage law?

Who has rights in a wrongful death settlement in NC? Dependent Child but not biological children who are claimed on Taxes of deceased?

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

Talk to an estate lawyer. Generally it depends on who was living with whom, who was supported by whom, age and other factorrs.If there was in fact wrongful use of funds that would be a matter for the court and police.

2 Answers | Asked in Wrongful Death for North Carolina on
Q: I'm a widow an I was told I couldn't get no benefit because we want marry long enough?
Melissa Averett
Melissa Averett
answered on Dec 10, 2015

I am sorry for your loss. I can't tell from your question what benefit you are trying to collect. Assuming wrongful death, the issue is one of damages. A long term, happy and stable, marriage represents a bigger financial loss than a new, untried, marriage. A wrongful death suit is about... View More

View More Answers

2 Answers | Asked in Wrongful Death for North Carolina on
Q: Mother and daughter are in fatal crash, daughter (driver) dies instantly, mother dies three days later (no will). Secon

Second vehicle driver is at fault and found guilty. Does daughters children share in court award if two sons are alive and Sue the quilty party?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 26, 2015

Any heirs of either should be suing for wrongful death. Ask your wrongful death attorney.

View More Answers

1 Answer | Asked in Wrongful Death for North Carolina on
Q: My son was murdered in VA while with his mother, I live in NC. Do I contact a NC or VA lawyer for a wrongful death suit?

She had custody of him and they resided in Virginia.

Adam Studnicki
Adam Studnicki
answered on Sep 5, 2015

Sorry to hear that. The lawsuit would likely be filed in VA. Talk to a lawyer who can practice in VA.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
View More

1 Answer | Asked in Wrongful Death for North Carolina on
Q: I am looking to reopen the investigation into my mothers death what do I need to do?

I am currently wanting to reopen an investigation on my mother death they did two separate autopsies and neither of which said she had passed away from natural causes or if someone had done something to her. Her husband which is my stepfather and her had a argument the night before and it was said... View More

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Sorry for your loss. You can speak to the authorities and/or hire an investigator.

1 Answer | Asked in Wrongful Death for North Carolina on
Q: Can I as an adult reopen a case where my mother was killed when I was a child
Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

More information is needed to answer this question. Generally speaking, it is difficult to "reopen" cases. However, talk to a NC injury lawyer to see if there is something that can be done in your specific circumstances. Be well.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.