Estate Litigation North Carolina
My father died suddenly and unexpectedly in February of this year. My father always told us that he was leaving us his Roth IRA and was so proud to be able to give that to us. My siblings and I were listed as beneficiaries for the IRA account so we withdrew the money. Fast forward to this month, we find out we are being sued by his wife, according to the North Carolina 15-year marriage rule.
The only assets my father owned were his car, his 401k, his Elvis memorabilia collection, jewelry, and several musical instruments. His wife began giving items away before she filed the will. The will left everything to her but stated nothing about the IRA account. The only items she gave us (which she left out in the driveway like trash) were photos, a few clothing items, very low quality Elvis items, a coffee mug, and gifts we had given him. She also made sure to include a random broken table and my nephew’s toilet training seat. To my knowledge, nothing has been inventoried.
His wife owned the house. She was the breadwinner. Her assets far outweigh his. Do we have any chance with this case?
Location: North Carolina