How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33938
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

a man was murdered in 1907 mitchell county north carolina.

Resolved Question:

a man was murdered in 1907 mitchell county north carolina. he died intestate. letter of administration sworn statements name the wrong heirs. what can be done to correct this?
Submitted: 9 years ago.
Category: Legal
Expert:  Dwayne B. replied 9 years ago.
Can you give me a little more information? What are you trying to do?
Dwayne B. and 4 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
this man was my great grand father. he owned alot of property and i want it back in the family.
Expert:  Dwayne B. replied 9 years ago.
Thank you for asking this interesting question.

The only way to do this is to file a declaratory judgment type action. They usually aren't filed in probate courts but they can be. However, to do the suit properly you are going to have to name everyone as a defendant who owns the property now.

The declaratory judgment will seek a finding that the original administration was void as it relied on fraudulent documents. You will also seek to have the court acknowledge you as a rightful heir so be prepared to prove all of your lineage back to him with official documents.

All of the other heirs will also be necessary parties so you are going to have to notify them and give them a chance to join in the suit which means you have to track down all heirs beginning then and continuing through the date of filing suit. The only realistic way to do this is to hire a genealogist as it will require expert testimony on the heirs to prove the case.

Be aware that you may have statute of limitation problems so have your attorney prepared to address this issue.

You have a daunting task ahead of you. Good luck and keep us informed as to how it is going.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.