Legal Question in Wills and Trusts in North Carolina
I'm trying to fill out the 90-day inventory for my mother's estate, form AOC-E-505 North Carolina. My father was still alive at the time of my being qualified as executor; however he has also now passed. There doesn't seem to be a place to list "entireties" real estate on the 505, since her interest in the home passed to him and subsequently to his estate. If the home is still considered "entireties" real estate, how should it be listed on the 505?
1 Answer from Attorneys
You do not indicate if your mother had a will or when your father died. If your parents lived in NC and the property was owned as husband and wife, if your mother died first, then the property passed automatically to your father. The concept of tenancy-by-the-entireties ended at death. So it is not part of your mother's probate estate and there is no place for entireties property to be listed because that is not part of the probate estate.. However, since your father is now dead, an estate will also need probated for him. In his case, unless he placed someone else's name on the deed either as tenant in common or with right of survivorship, then the property would be included in your father's estate. If he owned as a tenant in common, then only his share of the property would be a probate asset.
I suggest that you at least consult with a probate attorney since you now will have 2 estates to probate and if you are asking these kinds of questions now, then you run the risk of not doing this properly.
I am not sure why it matters that your father was alive at the time you qualified to be personal representative of your mother's estate. If she had a will that named you as executor, it did not matter. If she did not have a will then your father would have had to renounce his right to serve as executor and any other intestate heirs/siblings would also have to renounce or not object.