Smithfield, NC asked in Estate Planning and Probate for North Carolina

Q: How solid is the “My 5 Wishes”?

Fiancé passed away. I was the caregiver and healthcare agent as well as the appointed power of atty- until the end. There was no will. The surviving child(19) doesn’t want anything to do with being the executor. It is my honor to carry out wishes my fiancé had for the child. (ie: equity/ assets distribution).

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1 Lawyer Answer
Charles Evan Lohr
Charles Evan Lohr
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: My condolences on your situation. In this case, since there was no will, North Carolina's intestacy rules will dictate how your fiance's assets are distributed. You may be able to be appointed administrator of the estate, especially if the child will agree that you should serve. Handling probate appropriately can be very difficult - feel free to contact me to discuss further.

Evan Lohr



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