I think this moving van and items will get heated Friday? in court.
It appears NC died intestate and there is intestate succession to follow. Somehow signing everything over to his parents, they to the attorneys, has missed one of the major succession following BC, the girl's.
Sure the girl's are minors and BC is alive to speak for the girl's in his signing over any assets, but this is a unique situation to say the least. I think there is going to be a battle yet to come over this. The girl's are entitled to 2/3 of NC 1/2 of assets. I believe Sasser will see the girl's are going to get what they are entitled to, at least I hope so. This going in and taking most likely anything of value for possible payment is absolutely wrong, if that is the reason for doing it.
NC recognizes marital property and it means even his BMW is 50% NC, even without her name on it.
FWIW...in bankruptcy there is a succession order to follow in payment from the sale. You can't go take windows out of the home since you are owed $$ for installing them, there is an order to follow of who and how you get paid.
North Carolina General Statutes § 29-14
Share of surviving spouse.
Real Property. – The share of the surviving spouse in the real property is:
If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children or by lineal descendants of two or more deceased children, a one‑third undivided interest in the real property;
Personal Property. – The share of the surviving spouse in the personal property is:
If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, and the net personal property does not exceed thirty thousand dollars ($30,000) in value, all of the personal property; if the net personal property exceeds thirty thousand dollars ($30,000) in value, the sum of thirty thousand dollars ($30,000) plus one third of the balance of the personal property;
http://law.justia.com/northcarolina/codes/chapter_29/gs_29-14.html