Can you tell me the law about heirs and their inheritance?

Question

I am doing research on a law for class, since my sister and I are going through this right now, it's been going on for almost three years, I decided to research the laws about our rights. With this knowledge, we can confront our lawyer with strong, hard facts.

It's an old will, however, everything is to be split between my sister and me, neither of us is contesting the will. There are a few CD's, the lawyer is the executor, because of some ill advice given to us. I know the CD's take longer but we live in the house, can we not get an advance for now, on moneys that is not in the CD's.

by the way, we live in North Carolina, if that helps.

Answer 1

It depends upon the State in which the person was living when they died. Most heirs have to go through probate which can be a royal pain. That's with a will.

But there are legal ways to plan for one's estate (estate planning) that smooth out the kinks and make it easy to pass on inheritances.

It's all determined by what the state law is.

Answer 2

while yes each state is a little bit different their are some basic common law that still is a consent in all states, maybe a little bit more facts on your issue

First let’s talk general: in general only the wife/husband is entitled to inheriting anything from the descendant person, now if the person has minor children then they are entitled to monies for support until they reach the age of majority

So parents can in general dis inherent their children, happens more often then one thinks

on if no will/ or joint accounts/ insurance contract, then those assets goes to state probate court, which by statute will outline who gets want but in general the children would be entitled to equal split, then close relatives etc

but this is just a general overview each state is different, plus very fact specific esp. if you have step parents, joint accounts stuff may pass to step if their is no will and never to the children

need a little bit more facts

Answer 3

Not enough information.
An Estate should not take 3 years to settle.
Are you talking about YOUR lawyer or a state appointed executor where the decedent had no will?

Answer 4

Each state has their own laws. If you want to find those, look for the chapters on "Probate" or "Decedent's Estates". Most state statutes are available online.

Answer 5

It varies state to state and depends on many circumstances.
You shouldn't be having to fight your own lawyer, either fire him or realize hes telling you a truth you don't want to hear.