My father died after my mother, he had no will. I am one of 6 sisters. I have one sister who has taken control of his property and home. She lives there, he didn't have any money, he did have stock in an electric company. And the land is worth 50k. She wanted all of us to sign something relinquishing our rights to any and all assets. Only 2 sisters signed the paper, so everything is still in his name. She has opened a business on the land as well. Is there anything that can be done? Is the paper null and void because not everyone signed it? And can she open a business on land that she does not own? Also, the 2 sisters that signed off are their rights as heirs non existent now?
Thanks in advance
I'm sorry for your loss.
Dad may be gone, but his stuff is not lost.
If dad died without a will, the laws of intestacy apply.
Those are state laws that direct how dad's property must be divided.
So, you have some research to do, madam.
I'll offer you some links, and you can become acquainted with the law.
This is what should have happened according to NC law:
What if you're not married when you pass away?
In this situation, North Carolina law provides as follows:
Your estate will pass first to your children or their descendants;
If you didn't have any children, then your estate will pass to your parents;
If you had no children and your parents predecease you, your estate will be divided among your brothers and sisters;
If you leave behind no parents, children or siblings, then your estate will pass to your more distant relatives, until your family tree is exhausted; and, finally,
If you leave behind no living relatives, your estate goes to the State of North Carolina.
You'll also have to petition the probate court in your county.
I see you posted under NC, so search for your county probate court.
You might also want to contact a lawyer, and discuss what other remedies apply so that the five innocent siblings can boot the one crooked sibling.
The lawyer might also advise that Crookalina is also violating criminal laws.
The initial consultation is free, so find a lawyer near you, preferably in the county where dad lived and the property is located.
http://www.ces.ncsu.edu/depts/fcs/pdfs/Pub W540-5 Who Gets Your Property.pdf
http://law.onecle.com/north-carolina/29-intestate-succession/index.html
