Legal Question in Wills and Trusts in North Carolina

If you are the oldest child, that implies that there are other younger children. If that is correct, you get no special rights because you are the oldest. All of the children will inherit equally if there is no will.

You do not provide the relevant information. When did your father pass away? Where did he live prior to his death? Was it NC? Or in another state? I am assuming that he resided in NC for purposes of this question. If he lived in another state, then you would have to consult a probate attorney in the county/state where your father resided as the inheritance laws may differ from NC.

You say that your father was separated from your step-mother. Did they have a separation agreement in which they agreed to waive any rights of inheritance or rights to administer the estate of the other? If so, then you and your siblings would inherit 100% of the estate. If not, then you would have to consult a probate lawyer. NC has a statute whereby an estranged spouse may forfeit his/her share of the estate under certain circumstances and I don't know if these are present here. If so, then your step-mother gets nothing. If the statute does nto apply, then your step-mother will inherit 1/3rd of the estate and you and your siblings would inherit the other 2/3rd.

Of course, the inheritance laws only apply to probate assets. I do not not know what your father owned nor how it was titled. Any assets held as a joint tenancy with right of survivorship or a tenancy by the entireties (like land) would pass to the survivor or surviving spouse. Joint bank accounts pass directly to the other suviving person. Things which are beneficiary designated non-probate assets (like life insurance, IRAs, annuities etc.) pass directly to the named beneficiary and the funds do not have to be used by the beneficiary to pay estate expenses.

My advice to you would be to see if your father and his wife had a separation agreement in place. If not, then I would consult a probate lawyer to get his/her opinion as to whether the stepmother would be entitled to inherit. If so, then you, your siblings and the stepmother may all want to have a meeting and decide who will be best at administering the estate. Once that is decided, that person needs to go and have a talk with the clerk of the probate court as to whether probate is necessary in light of your father's probate assets and debts.