My dad died intestate in NC two months ago. His girlfriend of 30 years made funeral home arrangements and took money from his bank account to cover the cost. She said that she would dispose of my Dad's other assets - two vehicles, a utility trailer, some heavy equipment, clothing and personal items. She gave me a few things of sentimental value and has not been very cooperative when I have asked questions. My Dad owed me $6000 when he passed. He and GF never lived together, but she considers herself next of kin. She has no interest in going to County Clerk to be appointed administrator of his estate and I am overseas. I called the court and they said to hire a lawyer, but I think I would spend more than I would recover! Help!
2007-10-16 04:06:59 · 3 answers · asked by Theresa 6 in Politics & Government ➔ Law & Ethics
The FIRST thing you do is tell girlfriend to vacate dad's residence and turn over all keys and belongings. THEN you go to the PROBATE court in the county where dad died and file for letters testimentary.
Girlfriend has absolutely no authority to do anything unless she is a co-owner of the bank account or the personal belongings.
In fact, if her name is NOT on the bank account, she has committed theft.
2007-10-16 04:26:18 · answer #1 · answered by hexeliebe 6 · 2⤊ 0⤋
You would have to hire a lawyer in NC. If there is no will, there could be a rather long and withdrawn legal battle that may not be worth the expense. The girl friend would have to hire an attorney to file to be the administrator of the estate as well. You may be better off leaving things as they are. If you have written proof of the debt, you could press for payment, but you don't have any way of assuring that there is enough in his estate to even cover the debt.
2007-10-16 04:17:00 · answer #2 · answered by fangtaiyang 7 · 0⤊ 0⤋
You will have to seek advice from a lawyer as intestacy law is a vast and complex area. Try your free law centre.
2007-10-16 04:13:06 · answer #3 · answered by daria 3 · 0⤊ 0⤋