Legal Question in Wills and Trusts in North Carolina
Estate/admin information
My neice, age 19,died in a car accident 6/2/07 in North Carolina. Danielle & family are residence of NC. The vehicle Danielle was driving was covered by State Farm under her parents automobile policy. Danielle was a full time student at UNC. She lived at home and was a dependent of her parents. Danielle did not have any assets. Danielle was a covered driver under her parents State Farm auto policy. The auto policy has a 25,000 medical coverage and 10,000 death benefit. State Farm is alleging that in order to pay for Danielle's medical/ funeral expenses and the death benefit under the auto policy they need proof that Danielle's parents are appointed administrators for Danielle. Danielle was a covered driver, the medical and death benefit is part of the policy coverage. Why is it necessary to create an executor/adminstrator when the parents are the named insureds? When the policy is taken out the named insureds are the covered parties. Is it necessary for the parents to be appointed as administrators in order to have State Farm pay for the appropriate coverage? Do the parents need to obtain an attorney to become administrators, if not, how do they go about becoming an administrator
1 Answer from Attorneys
Re: Estate/admin information
I don't know anything about whether or not they need to be administrators, but to do so, they would go down to their County's Clerk of Court - Estate division where they could get the forms to open the estate and possibly the Clerk could give them more information as to what type of estate to open.
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