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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46191
Experience:  Attorney with 29 years of experience.
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I am the fiduciary for my mothers estate. I distribute the

Customer Question

I am the fiduciary for my mothers estate. I distribute the proceeds annually in April.
One of my brothers died in 2009 and his widow has been receiving his share. The widow moved some time in the last year without notifying me. I have tracked her down but she has remarried sometime in the last year. My question is: Does she still receive the money?
Further info:
My brother and his wife moved to North Carolina from New York State six months before he died and were residing there at the time of his death. I believe that she remarried before April of this year.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. What did your mother's will provide, if anything, regarding the shares to be distributed to each child? Also, what, if anything, did your brother's will provide with regard to his estate? Thanks.
Customer: replied 1 year ago.

My mothers will called for the proceeds to be divided equally between the four of us. My brother died intestate.

Expert:  Richard replied 1 year ago.
Thank you. Did your brother live in NY when he died? Also, did he and his wife have any children?
Customer: replied 1 year ago.

My brother died in North Carolina. They had no children as they wed in middle age.

Expert:  Richard replied 1 year ago.
Thank you! Since there were no children, and I'm presuming no surviving parent, then your brother's entire estate, including the inheritance from your mother, would pass to your brother's surviving spouse pursuant to the NC intestate succession statute. I have provided that statute for you below:


§ 29‑14. Share of surviving spouse.
(a) Real Property. – The share of the surviving spouse in the real property is:
(1) If the intestate is survived by only one child or by any lineal descendant of only one deceased child, a one‑half undivided interest in the real property;
(2) If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children or by lineal descendants of two or more deceased children, a one‑third undivided interest in the real property;
(3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by one or more parents, a one‑half undivided interest in the real property;
(4) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, or by a parent, all the real property.
(b) The share of the surviving spouse in the personal property is:
(1) If the intestate is survived by only one child or by any lineal descendant of only one deceased child, and the net personal property does not exceed sixty thousand dollars ($60,000) in value, all of the personal property; if the net personal property exceeds sixty thousand dollars ($60,000) in value, the sum of sixty thousand dollars ($60,000) plus one half of the balance of the personal property;
(2) If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, and the net personal property does not exceed sixty thousand dollars ($60,000) in value, all of the personal property; if the net personal property exceeds sixty thousand dollars ($60,000) in value, the sum of sixty thousand dollars ($60,000) plus one third of the balance of the personal property;
(3) If the intestate is not survived by a child, children, or any lineal descendant of a deceased child or children, but is survived by one or more parents, and the net personal property does not exceed one hundred thousand dollars ($100,000) in value, all of the personal property; if the net personal property exceeds one hundred thousand dollars ($100,000) in value, the sum of one hundred thousand dollars ($100,000) plus one half of the balance of the personal property;
(4) If the intestate is not survived by a child, children, or any lineal descendant of a deceased child or children, or by a parent, all of the personal property.
(c) When an equitable distribution of property is awarded to the surviving spouse pursuant to G.S. 50‑20 subsequent to the death of the decedent, the share of the surviving spouse determined under subsections (a) and (b) of this section shall be first determined as though no property had been awarded to the surviving spouse pursuant to G.S. 50‑20 subsequent to the death of the decedent, and then reduced by the net value of the marital estate awarded to the surviving spouse pursuant to G.S. 50‑20 subsequent to the death of the decedent. (1959, c. 879, s. 1; 1979, c. 186, s. 1; 1981, c. 69; 1995, c. 262, s. 3; 2001‑364, s. 6; 2012‑71, s. 1.)



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Customer: replied 1 year ago.

My brother was survived by two children from his first marriage.


 


Am I correct in concluding that they would receive a 1/3 share?

Expert:  Richard replied 1 year ago.
Thanks for the clarification. In that case, subparagraphs a(2) and b(2) are applicable. The surviving spouse would get 1/3 of real property with the children sharing the other 2/3; and with regard to personal property, the first $60,000 plus 1/3 would go to the surviving spouse with the remaining portion going to the kids equally.
Customer: replied 1 year ago.

This is the final payment to distribute. It amounts to just over $4000.00.


($ 1100 per share) Since it is less than 60,000 does the widow get everything?

Expert:  Richard replied 1 year ago.
Not necessarily...she gets the first $60,000 of his entire estate's personal property, not the first $60,000 for each personal property asset. So, if she were to get this, it would count against the $60,000. You should actually write the check to his estate, and then whoever administers his estate will determine how she gets her $60,000.
Customer: replied 1 year ago.

I am the administrator.

Expert:  Richard replied 1 year ago.
If you are the administrator of HIS estate, then you would allocate the first $60,000 of his personal property to her, then she gets 1/3 of the rest.
Richard, Attorney
Category: Legal
Satisfied Customers: 46191
Experience: Attorney with 29 years of experience.
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Expert:  Richard replied 1 year ago.
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