Legal Question in Wills and Trusts in North Carolina

Re: filing as administrator

Most families prefer to handle estate matters as soon as possible to get it out of the way. Two months since the date of death is not an alarming delay, but you should probably get started before it gets too difficult to track assets.

You do not necessarily have to wait for your husband's step mother to administer the estate. You husband may step in and petition for administration, and may defer to the step-mother later if she so decides.

Are you referring to Franklin County NY or NC? If you are referring to NY, although I am located in NY City, feel free to contact my office for a free consultation.

In either case, you should also try the local bar associations for attorney referral services for specific geographic areas.

Re: filing as administrator

The first question is whether or not there is any property to adminster. Did the deceased own any proerty in his own name, that is, not jointly?

If there was no property individually owned the appointment of an Administrator is not needed.

If you wish to proceed your husband can apply to become Administrator and if the wife is unhappy, she can be appointed by statutory right.

Good lawyers are hard to find, but I am sure you can find one in the community.

Re: filing as administrator

It is longer than usual. There may be several reasons: all assets were in joint names which does not need probate to liquidate or she does not want to deal with your husband, as he may be entitled to part of the estate. I you go to Martindale-Hubbell.com, you should be able to find an attorney listed for Franklin County.

Re: filing as administrator

The NC statutes provide a time frame for the administrator to qualify. The surviving spouse has the first priority. If she has not qualified others identified in the statute can apply. Children, next of kin, heirs and creditors, along with any person of good standing residing in the jurisdiction may also qualify. The court and the statutes give preference to closer family members.

We would be happy to help if necessary. We are located in the adjacent county, in Raleigh, Wake County.