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If the will cannot be found, then the state has a default will. In that case, the children of the deceased would inherit the estate, not the brothers of the deceased. Witnesses don't matter.

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17y ago
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1w ago

In North Carolina, if there is no will, the deceased's estate would generally be distributed according to intestacy laws, prioritizing spouses and then children. If witnesses claim the deceased left the estate to his brothers, this may need to be proven in court, and the court would consider evidence and applicable laws to determine the rightful heirs. Ultimately, it would depend on the specific facts and circumstances of the case.

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Q: In North Carolina if there is no will can the brothers of the deceased override the children's claim to the estate if witnessess swear the deceased left his entire estate to his brothers?
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Is a spouse next of kin in SC?

Yes, a spouse is considered next of kin in South Carolina. They have legal rights to make medical decisions and manage the estate of their deceased spouse.


How can you find out if a deceased parent left a will?

You can start by checking with the deceased parent's lawyer, estate planning attorney, or financial advisor. You can also check with the probate court in the county where the deceased parent lived to see if a will has been filed for probate. Sometimes, the executor named in the will or the deceased parent's close family members may also have knowledge of the existence of a will.


Can a family member take property from a deceased family member?

No, taking property from a deceased family member without legal authorization is considered theft. The property of a deceased family member typically goes through the probate process to determine rightful heirs and distribute assets according to the deceased person's will or state law. If you believe there are disputes over the inheritance, it's best to seek legal advice.


Can an adult child legally use the credit card of a deceased parent in the state of Georgia?

No, an adult child cannot legally use the credit card of a deceased parent in the state of Georgia without authorization. Unauthorized use of a deceased person's credit card could be considered fraud and may have legal consequences.


How do you find a copy of a Will when the person is deceased and both attorneys are deceased and it was not filed with the county?

You can check with the deceased person's close family members or search their personal belongings for a copy of the will. Contact local probate courts and banks where the person might have had safe deposit boxes. Additionally, consult the American Bar Association or hire a professional investigator to assist in locating the will.

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