Death in Family- Home, Possessions, Squater Advice (real estate, insurance)

[miscus555]

Hello,
had some questions. I didn't see another area to post this so forgive me...

We had a death in the family and the family member owned a home in southern NC with a live-in partner (not married). Also no children.

My father is the only next of kin and since there is no will, he will be given all assets and possessions his sister owned. He just has to open an estate form and he will find out what exactly she had and if he is the beneficiary (estate, savings, life insurance, etc)

We are concerned about a couple things:

-The Live-in partner didn't inform my family that she died until the funeral home would not allow him to make a burial choice and that would have to be determined by my father. So we found out that way that she died. If looked like he was willing to pay for the funeral himself to keep us out of all knowledge of her death and be on him merry way

So with his red flags already present, we are worried he will live in the house until he is told to leave but in the meantime, steal, sell off, hide, destroy he possessions that are in the house.

How do we keep him from doing so while we wait to get clearance to take over the home? My family member had a number of possessions- some expensive and some that was from older generations in my family. We are worried we will be walking into an empty home that was robbed.

Do we call the police to get a report of the house and it's present contents so the report can be used as evidence if he decides to commit a criminal act?

Do we go to the property ourselves prior to being given the rights to it? we don't own a key and we haven't been responded to by him

When all the processes are finished and we walk into the home and it's been robbed, can we call the police and file charges on him?

She died in Testate but even if there was a will noting specific details on the possessions, it wouldn't stop anyone from trying to steal or squat in the property while the proceedings are ongoing.


just looking for answers or options.
thanks

[Windsail]

Sounds like a complicated legal situation. Assuming you have not already done so, It may be worth finding a reputable attorney that specializes in NC family/estate Law Attorney's time to see what your options are and what actions you can/should take. I would probably just request a 1 hour consult ($300?, I have no idea what a good charges for an hour).

[Owen Wister]

With all due respect and sorrow for your loss, you really need to consult with an attorney and get informed information.

Legal Aid may be an option is the cost of an attorney is an issue.

[miscus555]

we have thanks. Just looking for quick advice here from someone who may have had similar situations.

[SFBayBoomer]

Didn't you post in the Real Estate forum that this man and woman lived together for more than twenty years?

Where did they live together? Was it entirely in North Carolina or also in another state?

They might have a common law marriage and North Carolina might recognize it, depending on the answer to the above question.

In any case, your calling the man who lived with your family member for more than twenty years "a squatter" is both offensive and inaccurate. He presumably took care of her up to her death.

[goldenage1]

Originally Posted by SFBayBoomer

.............In any case, your calling the man who lived with your family member for more than twenty years "a squatter" is both offensive and inaccurate. He presumably took care of her up to her death.

That was my thought also. He may have been a great guy. I think it's worth asking the local sheriff or police department to do a "welfare check", to see if the guy looks to be selling off assets. He is not supposed to touch anything until probate resolves the issues.