Knoxville, TN asked in Estate Planning, Real Estate Law and Probate for North Carolina

Q: My stepfather passed of a sudden heart attack. He has no will and a mother who is still living so her and my mother have

His real estate property divided 50/50. There is some tractors and farm equipment that were in his possession and he has had ever since his father passed in 2011. Now my question is the brothers now claim all the farm equipment was not my step fathers but instead theirs and have threatened to call law enforcement on my mother moving them. Do they have any right to the equipment with no paperwork or anything from their father stating it was each of the brothers and my stepfather was in possession of them for the past 10 years?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

A: You may need to file Probate here if enough assets are present. Administering the Estate will allow the relatives to file Claims Against the Estate if they truly feel they own some of those items of personal property. Hire a competent attorney to talk to you about this. Criminal charges like that are sometimes made, but are difficult to prosecute.

Ben Corcoran agrees with this answer

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