The FIRST thing you do is tell girlfriend to vacate dad's residence and turn over all keys and belongings. THEN you go to the PROBATE court in the county where dad died and file for letters testimentary.
Girlfriend has absolutely no authority to do anything unless she is a co-owner of the bank account or the personal belongings.
In fact, if her name is NOT on the bank account, she has committed theft.Can you give me legal advice regarding my Dad's estate?
You would have to hire a lawyer in NC. If there is no will, there could be a rather long and withdrawn legal battle that may not be worth the expense. The girl friend would have to hire an attorney to file to be the administrator of the estate as well. You may be better off leaving things as they are. If you have written proof of the debt, you could press for payment, but you don't have any way of assuring that there is enough in his estate to even cover the debt.
You will have to seek advice from a lawyer as intestacy law is a vast and complex area. Try your free law centre.
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