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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35326
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother did owning half of my fathers property. He left

Customer Question

My mother did owning half of my fathers property. He left estate to second wife. This included mothrers personal items of furniture...the new wife sold land that was mothers and kept profits. She was 30 years younger that my father, Just wonder if I could share in family furniture store
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you tell me what state this is in?
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Did mother leave a will disposing of her estate?
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Did anyone ever file a probate case to settle mother's estate?
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How long after mother's death did father pass?
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thanks
Barrister
Customer: replied 1 year ago.
North Carolina. He will left to husband then children,,,it was not found. Bye married a woman 30 year hid age. Marriage lasted 6 years. Mothers marriage was 32 years.
Mothers estate was never settled. 6 years my father passed. Iknow aa recent farm sale that had been half my mothers
Customer: replied 1 year ago.
Will not located. Married a young woman in a year..l
Expert:  Barrister replied 1 year ago.
Ok, if mother passed and no will was found, then she would be considerd to have passed "intestate" and state law would control how her estate descended.
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In NC, if she was married and had more than one child, then father would have inherited all the community property that they acquired during the marriage and 1/3 of any real estate (if mother had any solely in her name) and the children would have inherited the 2/3 remaining of any real estate solely in her name.
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Father would have inherited the first $60,000 of personal property and then 1/3 of any balance over that. The children would split 2/3 of anything over $60,000.
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So if she had no real estate in her name only, and she had less than $60,000 in personal property, then father would have inherited everything.
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Then when he left it to his second wife, she would become sole owner of everything that he owned when he passed.
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As for the farm, if mother and father owned it together as joint tenants, then when mother passed, father would instantly own it solely and then when he passed and left his estate to second wife, she would then own it entirely so she could sell it if she chose to do so and retain all the proceeds.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
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thanks
Barrister

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