I have finally become Executor of deceased aunt's estate over time after ALL 21 HEIRS signed the Renunciation of Right To Qualify for Letters Testamentary or Letters of Admin. & Waiver of Personal Representative's Bond forms. In Ref. to 2 bank accounts, In 2009, we, she & I, signed the Rights of Survivorship forms at her bank. However, the Estate Court of Cumberland County, NC., City of Fayetteville says everything sold-i.e., house(tax value $38,000) & old car-profit must be equally divided among heirs! Oh yes, she was widowed & had no children & the neighborhood has basically small aged 4-5 room houses where questionable characters live.
The only thing you tell us about the 21 heirs is that the court has informed you that everything must be split evenly among them. Other than information provided by the court, however, it's not clear from your posting,that each heir is to receive an equal amount. If there was a will, that document will control. If there was not a will and this is based on intestate succession, one would have to review the degree of consanguinity of each heir to determine if each takes equally. As an example, let's say that the decedent had five siblings, one of whom predeceased and had four children, then the way most states do it is that the three surviving siblings get an equal amount and the four children probably share their predeceased parent's share.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
I would adhere to the Clerk of Superior Court's directions. I would also have an estates/probate attorney on retainer, paid by the estate, to shepherd you though what remains of this process.
You need to consult a probate attorney to assist you with the distribution of assets. The attorney should be paid by the estate. Utilize the "Find a lawyer" feature to set up a consultation with an estate and probate attorney in the Fayetteville area.
This information is given for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer. You have to find your own local lawyer to get legal advice and help with your problem.
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