When a loved one dies, an administrator or executor is chosen by the court or the deceased’s will. This personal representative is responsible for continuing the legacy of the deceased.
As the personal representative of the estate, you must adequately inventory all of the personal, financial, and real property. In addition, you must follow instructions in the will to pass it all on to the heirs. But before anyone can inherit the estate, you must also pay taxes, creditors, and any Medicaid recovery program claims. During this process, the court expects regular reports of your progress with the estate.
At Cape Fear Law, we understand that you want to do right by your loved one’s estate and make sure that you legally administer assets to heirs. We work with you to distribute assets, pay bills, write reports for the court, and pay the estate and income taxes for the deceased. We are with you every step of the way while making your inventory, paying claimants, and reporting to the probate court. With us on your side, there is no need to worry about handling any administrative issue. We’ve got you covered.
If There is No Will
When there is no will, North Carolina intestacy law decides how to divide up an estate. Intestacy law determines who inherits portions of the estate based on blood relation and other factors. The judge in probate court helps facilitate this process. In general, without a will, the judge will appoint a spouse or other family member to the personal representative position.
If you are the appointed personal representative, you will follow the mandates of the judge based on intestacy law. In these cases, you will still be responsible for inventorying the estate, paying the claims, filing taxes, and distributing assets to the heirs. There are also necessary reports you will make to the court.
Just because there is no will does not mean that there is no estate administration. A personal representative is a crucial part of settling an estate without a will. Let us work with you to get the job done fairly and with careful attention to the details required by the court.
When Administration Gets Difficult
If a loved one of the deceased is unhappy with the will or with the intestacy laws, they may draw out the process through litigation. This litigation may tie an estate up in court for years. Often, someone wants more than what they inherited, or they feel upset about bloodline inheritance. If anyone feels like they are not getting a fair shake, they can hold the process up with lawsuits.
If the unexpected happens and you find yourself caught in lawsuits facing litigation over the fairness of estate distribution, let us help you in the courtroom. We know how to meet the courtroom drama head-on and find solutions that best fit your family. Look to us for the answers you need to finish up your legal responsibility as a personal representative.