Marietta, SC asked in Family Law and Probate for North Carolina

Q: Right after my husband passed away I had a relapse in that time I signed everything over to his adult children .

His son manipulated me and told me he had the money to fight me and I would get nothing . His father and I had been split up for a year but I still took care of him . his son give me 5000 but my id wasn't even valid and I dont remember signing the papaers due to me doing pills trying to cope with my husbands death . I had told his son I wanted a lawyer present and he said I didnt need one this was a conversation I had with him 2 weeks before my relapse . I was in a bad state of mind but only for a short time I havent done any pills in almost 2 months . he wanted to keep the property in the family but now has it up for sale I had asked him about life insurance and his retirement but his son told me his dad cashed it in not sure how without me signing . me nor my 2 kids my husband help me raise have even recived any of his ashes . My husband didnt even want to leave anything to them because they was very nasty to him in the last 3 years of his life and I was the one taking care of him

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2 Lawyer Answers
Charles Evan Lohr
Charles Evan Lohr
Answered
  • Probate Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: There are ways that you can try to undo the transfer(s), but you will almost certainly need an attorney to help you with filing a lawsuit. Feel free to contact me to discuss further.

Evan Lohr

Attorney

(919)348-9211

Krispen Culbertson
Krispen Culbertson
PREMIUM
Answered

A: A lot will depend on whether you can establish "duress" in forming the contract with the son. There is a presumption in North Carolina that absent a will, the biological children over a second wife, but this can be overcome with good evidence. If $5,000 was exchanged at time of your signature, that will also make it more difficult. It is something you'd likely need a lawyer for. "Duress" is an "affirmative" defense and must be proven with you bearing the burden of proof, and then there is the likely combination of special proceedings court and possibly District court which will also make things more complex. Best advice: consult a lawyer asap.

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