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?
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.
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