Q: What part of NC law could I quote to receive funds from estate?
I'll be brief, today is day 29. Aunt died years ago, mom was designated beneficiary of eatate and 1/2 listed executors in will, can't find other. Mother since died, father received notice of abandoned funds (final disability benefits), 30 day notice. Assuming since the funds were designated to my mom, my dad would inherit that upon her death. Dad supposed to return for with ID, death certificate (for mom), and some type of proof he is entitled to the funds. Is there any part of the law that shows as the surviving spouse of a 100% beneficiary that he should get the funds? He's 76 and cant figure it out on his own. Thanks.
A:
A few key considerations:
- If your mother was named as the sole beneficiary on assets that passed outside of probate (like life insurance or retirement accounts), then typically the money would go to her estate upon her death. As her spouse, your father may be entitled to some or all of those funds.
- For assets that passed through your aunt's probate estate, if your mother died before receiving her inheritance, it would depend on whether the estate was already closed and distributed when she died. If still open, her share may go to her estate.
- As executor, your mother would have had a fiduciary duty to properly manage and distribute the estate. If she died before fulfilling her duties, it could complicate things.
Without more factual context, my recommendation would be for your father to consult a local probate or estate planning attorney. The attorney can review the specific documents and details relating to your aunt's estate, your mother's role as beneficiary and executor, and determine your father's rights as your mother's surviving spouse. That will give the clarity needed to determine next steps. Best of luck in resolving this situation for your family.
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