Kinston, NC asked in Estate Planning and Probate for North Carolina

Q: My father passed away 5/17/20. My stepmother is refusing to let me have anything.

She is keeping his current house and still going on with the $200,000 house they were having built. The land was in his name. I was his only child. She is getting all of the money, the houses, vehicles, everything. All I wanted was a few of his shirts, all of the hunting rifles, shotguns, bows, & fishing supplies he had prior to them getting married in 2019, and just small things that have been most valuable to me since I was a little girl; things he always promised me I could have and things he wanted passed down to my children one day. He had no will, he was only 48 when he passed away. Can she really take all of his things that he purchased over the course of his life before they got married and leave me with absolutely nothing of my father’s? I just find it a little ridiculous and very upsetting. She’s even trying to give his stuff away to my step brother and step sister but at the same time, not allowing ME to have anything, and again, I was his only biological child.

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1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Jacksonville, NC
  • Licensed in North Carolina

A: Since your father had no will, if the estate is divided according to intestate succession, his spouse will receive the first $30,000.00 of personal property, one-half (1/2) of the remaining personal property and one-half (1/2) all real estate. You as the only child will receive one-half (1/2) of the remaining personal property and one-half (1/2) of all real estate. You likely need to consult an attorney ASAP before your former step-mother loots the estate,

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