Can someone challenge an intestate succession after the estate has already been distributed?
Yes, a person can challenge an intestate succession even after the estate has been distributed. In North Carolina, the person challenging the intestate succession must act promptly, since they may lose their right to challenge the succession if they wait too long. If the person wishes to challenge the succession within a certain period of time, they must file a complaint in the probate court where the estate was administered. This complaint must include details about how the person was related to the decedent and how they were deprived of their rightful share of the estate. In order to succeed in their challenge, the person must prove their relationship to the decedent and show that the estate was distributed in a way that was not legally allowed. This may include proving that they were deprived of property that should have been theirs. If the court finds in favor of the person challenging the succession, they may be entitled to reimbursement for their legal fees as well as the assets they were deprived of. They may also be entitled to additional damages if the court finds that the defendant acted negligently or with intent to deprive the plaintiff of their rightful share. Ultimately, challenging an intestate succession after the estate has been distributed is possible in North Carolina. However, the person must act quickly and be prepared to prove their relationship to the decedent and how they were deprived of their rightful share in order to succeed in their challenge.
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