Q: My mother recently passed away and did not have a will. My father passed several years prior to her passing. My brother
and I are the only surviving heirs. The state of NC has placed a lien on her estate to pay back money she received from Medicaid. The bill is almost twice the amount her entire estate is worth. I have paid all bills that I can out of her estate checking account and have no money left. How do I complete and file the 90 day inventory with the Clerk of Court when I still have bills to pay? There is nothing left to divide evenly between my brother and I because we will have to “give” it to the state of NC to satisfy the claim.
A:
You may have some issues, here. There is a very specific order in which estate bills are to be paid. If there is not enough money to pay the bills then the remaining assets are to be divided among the creditors based on what the statute says. Any remaining claims against the estate are released and the creditors get what they get.
Speak to a local probate attorney, to make sure that you didn't give money to creditors that you were not supposed to.
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