Legal Question in Wills and Trusts in North Carolina
estate funds
When my mom died, I became the
sole owner of her bank accounts
because I had right to survivorship.
Before funds were alloted to me and
my siblings from inherited annuities
and before the estate account was
set up, I paid for some of my mom's
debts out of the bank account we
owned jointly. Am I entitled to be
paid back from the estate fund?
1 Answer from Attorneys
Re: estate funds
You should strongly consider using the North Carolina Bar Association Referral Service to actually sit down with a licensed attorney who practices in your area so that he or she may obtain all the facts and advise you accordingly. The website for referrals is http://www.ncbar.org/public/lrs/index.aspx and the cost is only $30.00 for thirty minutes.
If the bank accounts you describe passed outside probate and you can document the debts paid, you should be able to be reimbursed from the estate. If you are the executor or administrator, you may have higher fiduciary duties with respect to an accounting that would need to be approved by the Clerk of Court (acting as probate judge).
Again, more facts are needed for a full and detailed answer and I encourage you to see an attorney.
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