Home > Research Legal Advice > Probate > What rights do surviving children have to estate property in NC?
Asked about 3 years ago - Mebane, NC
FlagMy husband passed away recently without leaving a will behind. The house was in my name and I was beneficiary to all accounts, however his adopted daughter and biological daughter are threatening to hire an attorney to come in and try to take as much of his personal belongings from the home as they can. What rights do they have? The adopted daughter had no contact with him for the last 5 years of his life until he got sick, and the biological daughter was absent from his life for the last 3. I am willing to give them some of his belongings, but are they going to be able to just take whatever they please depending on this lawyer?
If the home is in your name and you are beneficiary on all of the accounts then the estate belongs to you. It isn't likely that they are entitled to the personal items such as furniture clothing and jewelry. If you went to court, the spouse receives a spousal allowance which would cover these items, but most likely you won't need to go to court. I doubt if the daughters will prevail in any court action.
They are just talking. Children generally do not have an absolute right to inheritances if wills and will substitutes (joint property, beneficiary designations) provide otherwise. Do not be upset by their threats; they really have no rights to anything based on the facts you present.
Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks.
LEGAL DISCLAIMER
Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties and services clients throughout the state of Pennsylvania. He can be reached at 215-735-2336 or at the email address listed below. He has received a 10.0 rating from AVVO and recently was featured as a 5Star Wealth Manager in the Philadelphia Magazine, November 2009 issue on page 123.
Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary