What to do if my uncle recently passed away but a Will was not filed at the Clerks office?

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What to do if my uncle recently passed away but a Will was not filed at the Clerks office?

We found a Will in his home but we are unsure if we have to abide by that Will since it was not filed. We also know he was in the process of writing a new Will. How do we go about fulfilling his wishes and settling the estate and finding out whether his new Will was finished?

Asked on April 28, 2014 under Estate Planning, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you have a Will of your late uncle in hand and there is no other Will submitted to probate, you need to submit the one you have to the probate process and wait and see if another Will pops up. I suggest that you consult with a Wills and trust attorney in your locality. One can be found on attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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