Wilmington, DE asked in Probate for North Carolina

Q: What happens when the heirs of a will, who are named as equal shares, do not agree on the division of assets?

The estate constitutes a house and a business. The deceased wanted her brother to live in the house until he decided not to and own the business. However, this wish was never legalized in a revised will. So, based on a 2009 will, all assets are divided amongst the 4 siblings, who are not all on the same page as to either the house or the business. Thank you.

Related Topics:
1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Probate Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: Any owner of the house can use it as they see fit as long as they don't prohibit the other owners from accessing the house as well and don't intentionally damage the value of the house.

As to the business, I or any other lawyer would need to read the documents pertaining to how it was set up and to be run before we could answer this question.

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.