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My Mother passed in 2015. the estate goes to myself and my…

My Mother passed in 2015...
My Mother passed in 2015. the estate goes to myself and my brother. My brother stated that he wanted his share to go to my daughter,his (niece). He did not want any of the money and told me he wanted my daughter to get his share because he is an old man and does not need the money. Since 2015 we have been trying to close the probate and he will not respond to telephone calls, he will not answer his door, he will not respond to letters and will not talk to anyone. He is unreachable. I do not want my mother and father's hard earned money to go to the state of N.C.,and have been told that his portion will go to the state if he does not sign it over to my daughter. He has disclaimed the money and said he wants none of it.
Do you have a solution? Two years have passed and we still can not reach him although we have been to his apt. several times;have called him,and have written him.
Thank you .
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Answered in 2 minutes by:
8/16/2017
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 62,266
Experience: Licensed attorney helping individuals and businesses.
Verified
Greetings! I am a legal expert on the site and am working on your question.As he disclaimed petition the court by motion to settle an accounting and distribution.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.An estate lawyer can expedite. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.He will then either consent or you prevail by default.please let me know if that is acceptable by replying "Yes" or "acceptable".
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Customer reply replied 10 months ago
The second paragraph of your response was the same advice given when I used this service before. I would like to know,if he does disclaim his share what I can do about his share going to the State, as I am very concerned about that. I have an estate lawyer and he never mentioned the fact that If my brother disclaimed his share,what I could do. So you are saying that If he does not consent I will prevail by default?
By disclaiming it doesn't pass to the state. It would pass to the next of kin, not the state.
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I would petition the court to compel him to appear in court and settle the disclaimer as expressed.
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 62,266
Experience: Licensed attorney helping individuals and businesses.
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Joycelaw
Joycelaw, Attorney
Category: Estate Law
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