Legal Question in Wills and Trusts in North Carolina

I live in NC and my mother-in-law just passed away. I acquired her house upon her death (living will). How many days to I have to give her children to remove personal property from the home?


Asked on 7/07/11, 6:28 pm

1 Answer from Attorneys

A living will is not a will. It is called an advance directive in some states. It is a directive to one's physician that one does not want to be kept alive by artificial means, among other things.

How then did you acquire her house? Through a regular will? If there is no will, have one of her children applied to be the personal representative? This is done approximately 30 days after her death. You do not indicate when she died, so I don't know how much time has elapsed.

Her estate needs to be probated and the personal representative of the estate needs to inventory and appraise property, like the household furnishings.

You will give notice to her personal representative, not the children. However, the personal representative needs to know what assets there are and what debts there will be before you get the house. If there is not enough money in the estate, the personal representative may have to sell the home and use the money to pay the debts.

There is no set time period - it would be a reasonable time after the property has been inventoried and appraised and after the personal representative will know that there is enough money to pay any claims.

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Answered on 7/07/11, 8:13 pm


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