Legal Question in Wills and Trusts in North Carolina

Not in and of itself unless another family member objects and deems you to be unsuitable. The statute in NC (I assume that your mother lives in NC; if not, consult with a probate attorney in the state where your mother resides as the qualifications of the personal representative will be governed by that state's law). The NC statute provides:

� 28A‑4‑2. Persons disqualified to serve as personal representative.

No person is qualified to serve as a personal representative who:

(1) Is under 18 years of age;

(2) Has been adjudged incompetent in a formal proceeding and remains under such disability;

(3) Is a convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia and whose citizenship has not been restored;

(4) Is a nonresident of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court; or who is a resident of this State who has, subsequent to appointment as a personal representative, moved from this State without appointing such process agent;

(5) Is a corporation not authorized to act as a personal representative in this State;

(6) Repealed by Session Laws 1999‑133, s. 1.

(7) Has lost his rights as provided by Chapter 31A;

(8) Is illiterate;

(9) Is a person whom the clerk of superior court finds otherwise unsuitable; or

(10) Is a person who has renounced either expressly or by implication as provided in G.S. 28A‑5‑1 and 28A‑5‑2. (C.C.P., s. 457; Code, ss. 1377, 1378, 2162; Rev., s. 5; C.S., s. 8; 1973, c. 1329, s. 3; 1999‑133, s. 1.)

However, you cannot receive any inheritance within 180 days after your discharge. It would depend on what kind of bankruptcy you filed and you might want to check with a bankruptcy attorney to be clear. However, if your mother is in good health, then you are probably ok.