Asked in Estate Planning for North Carolina

Q: Boyfriend dies-no will. Our baby is heir. Does movable property including car or money from sale of car go to me?

The father of my boyfriend became admin of my deceased boyfriend's estate. He had no will and courts determined his sole heir was our only child. The admin of the estate sold both cars amounting to a $30k profit. Don't I have the right to that money since moveable property goes to the mother of the heir?

Related Topics:
1 Lawyer Answer
Catherine E Bruce
Catherine E Bruce
  • Estate Planning Lawyer
  • Chapel Hill, NC

A: North Carolina's Intestate Succession statute does not make a distinction between "moveable" or "immoveable" property, or give property directly to the mother of an heir. From your description, it sounds like all of the proceeds from your boyfriend's estate are considered the property of your child. Being the heir's mother does not entitle you to any of that property.

Since your child is still a minor who cannot legally own property by him or herself, someone needs to be appointed as Guardian of the Estate. This is a special proceeding before the Clerk of Court in whatever county your child resides in. The Guardian will be responsible for managing the property left to your child until he or she turns 18. The Guardian must use the property for the child's benefit, and has to file annual reports with the court showing whether and how any of the property was used or spent each year.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.