Death after Divorce before Equitable Distribution

Trying to find out how to add Administrator, executor or Heirs to my Divorce complaint and continue with my Equitable Distribution claim.

Have been acting Pro-Se using a coaching lawyer due to limited financial resources.
Coaching lawyers experience with estates is limited and was advised to seek additional legal advise.

My wife and I were separated in 07/2018. During separation and prior to the divorce my wife conveyed a Non-Warranty deed for our home to her two sons (my step sons).
I built the home myself while married in 2007 and conveyed the property to my wife in 2009 with no stipulation the property was to be separate non marital property.

I filed a complaint for Absolute Divorce and Equitable Distribution in 07/2019. The complaint included her two sons due to the non warranty deed conveyance along with a Lis Pendens.
We were then divorced in 11/2019.
The court ordered a Mediation Settlement conference in 01/2020 that was delayed until 07/2020 due to the Covid-19 pandemic.
My ex wife passed away prior to the scheduled Mediation Settlement conference on 07/26/2020.
No estate file has been set up at the clerks office and I assume none will be.

My question is how to move forward with my ED claim and what type of actions need to be taken ?

Your pending equitable distribution claim survives past the death of your ex-wife. An estate will need to be opened at the courthouse for your ex-wife and the estate (i.e. the administrator/executor) will need to be substituted as the party to the equitable distribution claim. Your ex-wife’s heirs (i.e. her sons plus any others) would need to be joined in the equitable distribution claim as parties to the action since their rights are subject to being affected.

You will need to see an estates/probate lawyer and/or talk with the estates clerk(s) at the clerk’s office to determine how to move forward with the estate for your ex-wife.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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