You may contest the will and even possibly prevail in an action for undue influence. These types of cases are very difficult to prove. You would need medical support and hard evidence regarding your allegations in order to overturn an existing will. If you have such evidence, both sides will present evidence which will likely be contradictory. Moreover, unless there was a prior will which left you an inheritance and such was overturned as a result of the undue influence, as a grandchild,...
NC has laws on how an estate is distributed
when someone dies without a will. It is called
intestate succession. Spouse and children are
1st level beneficiaries. If there aren't children
the spouse and the deceased's parents share
the estate. It goes on an on with different shares
if deceased was in a second marriage or there's no
Please consult an attorney.
Original wills are required. The only exception I've seen is when there was a fire, the person died and there was proof the will existed before the fire.
If the original can't be produced, the estate will pass by intestacy and your father will receive a portion of the estate.
Your trust from Florida should work in North Carolina. However, the ancillary documents need to be changed from Florida to North Carolina. The ancillary documents are the health care power of attorney, living will, durable power of attorney, HIPAA and pour over will.
If real estate has been sold it is no longer part of the trust, but this does not necessitate a change to the trust.
Most often five years is the length of time people associate with getting rid of assets to qualify for nursing home assistance. However, there are assets which may not be countable under the five year time constraint. These are called exempt assets. When proper structuring of assets is done, with the help of an elder law attorney, it may not be necessary to lose your financial assets or the freedom having your own money imparts, to qualify for assistance should you later become ill. This is not...
I agree with Michael. However, another issue was in your question; giving the money to you and your fiancé. What if the marriage for some reason doesn't go through? What if it doesn't last? There is a high divorce rate in the US. Most people don't think when they get married this could ever happen. Your parents might want to give the gift to just you. Maybe the house should be in just your name or there should be a prenuptial agreement pertaining only to this gift. That way if everything goes...
I would recommend that you hire an attorney to protect the estate. If the accounts are in your father's name and someone is forging his name or using his power of attorney, which is now defunct, since he is deceased, then that person is committing a crime.
If an executor was selected, but the executor refuses to take the oath, then the successor executor should submit the necessary paperwork to open up the estate.
Again, hiring an attorney is the best way to address all of these issues.