If everything was held joint with right of survivorship and there was no property in his name, then your friend may not need anything. However, if her husband owned anything in his name, such as accounts or land, a NC Probate will be necessary. Since her name is on the lease, the landlord should let her in the property, but he may want to make sure she is really his wife. A death certificate, marriage certificate and a license should suffice, but if not, she will probably need to see an attorney.
The answer to your question depends on how the trust is written. Often, I name the trust as the beneficiary of a traditional IRA and I preserve the ability to stretch the distribution for the children over the eldest child's statutory life. The benefit of titling it this way also is contingent on how the trust is written, but with my trusts, I often include creditor/divorce provisions for the children or have the managing money for one of the children who may otherwise would cash out the...
I'm sorry for your loss.
The first thing you should do is hire a probate attorney. We handle matters for children who live outside of NC. Probate is a complicated, time consuming process, which could possibly be managed by you if you lived in Elkins, but it would be extremely difficult from abroad.
Since your Dad didn't get around to doing a will it's even more complicated. It's likely you're the sole heir and in NC the land became yours when he died as long as he wasn't married and you're...
Without seeing the will and solely answering this question based on the facts presented, I would advise you to seek assistance from a lawyer. I don't believe your sister has any right to take the property she wants. If your rendition of the facts are correct, she is abusing her power as executor and needs to be held accountable.
Assets such as life insurance, retirement plans and bank accounts often have beneficiary designations. Such assets avoid probate. If you are named they are yours to claim. The question becomes how can you get your sister to divulge such information. I would suggest you hire an attorney to write to your sister, so she knows you mean business.
The first step is to talk to your brother and calmly voice your concerns.
The second step is to probate your mother's will.
As personal representatives, you and your brother will need to account to the court for the distribution of her estate and this includes the property removed from the home.
By law the terms of her estate plan must be followed.
I highly recommend that you both hire an attorney to handle the administration of this estate. Often this serves to preserve family...
Since your Mother's husband passed before she did, he won't receive the proceeds of the policy. Usually a second beneficiary is named on a policy, but if not, it will pass through your Mother's estate and follow the terms of her will.