Legal Question in Wills and Trusts in North Carolina
Rights of minor child and divorced spouse
My sister recently passed away in North Carolina, and I have questions regarding liquidation of assets, probate, etc...
My sister was divorced earlier this year and has a minor child, who lives nearby with his father (her ex-spouse). I am her only other immediate family.
She did not have a will, nor did she have life insurance, and her liquid assets are worth less than $1000 (some cash and stocks and an old car). After the divorce, she continued to reside in their mutually owned mobile home, which is located on a piece of land that they were buying in both of their names from a private party.
She basically had nothing and I am personally paying for her burial expenses.
Her former spouse believes that any liquid assets now belong to her son. And that because the trailer and land still had the former spouse's name on them, they are now his property.
Doesn't someone have to be appointed by the court to administer her estate? And don't these items have to be liquidated to pay off her debts ?
1 Answer from Attorneys
Re: Rights of minor child and divorced spouse
Yes, someone does have to be appointed by the court to administer your sister's estate in North Carolina but only if a proper person makes an application to the probate court for such an appointment.(Like many things in life, it will not happen automatically and some person must act to propel it to reality.) That person would be responsible for collecting up any assets which properly belong to your sister's estate and selling them in order to pay for her burial expenses and any other outstanding bills owed to creditors who have presented appropriate claims.
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