Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good afternoon.My sympathy for the loss of your loved one.Here unless anybody else cosigned the note none have personal liability.It sounds like you have done all you are obligated to do notify them of her death and send a copy of the death certificate.The lender can repossess the trailer and that's all.Any other creditors here including the landlord are without any remedy.No one but the deceased or her estate had any liability to the creditors.Since the estate is insolvent all they can do is take the trailer back.That would be the end of it as far as you guys are concerned , you would have no personal liability here under NC law.It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.
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One thing of concern, is that mother was a retired state employee and there is a death benefit that would normally go to the spouse, but parents were divorced at time of death, if a child files for an affidavit to claim said benefit would that then make them liable, to her estate debts?
Can you tell me what the affidavit states ???Ar we talking a small estate affidavit??
ray thank you for the quick answer, just one clarification. Does the affidavitt mean the same thing as executor of estate?
Here is reference to a small estate used to gather funds from a bank account or other small assets..http://www.aoc.state.nc.us/district12/Divisions/SmallEstateAdministration.htmAffidavit of Heirship merely sets out who the heirs are so that retirement system or other say oil company can pay royalties to the right parties..I am assuming that this is what they are asking for as far as retirement and it passes directly to you guys outside of probate.http://www.heirship.com/2009/10/north-carolina-affidavit-of-heirship.html
I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.