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My husband died last week, intestate. I am the surviving spouse…

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My husband died last week...
My husband died last week, intestate. I am the surviving spouse (no children). Am I subject to an estate tax in NC? And, he had one account that my name is XXXXX XXXXX How do I access that account?
Submitted: 6 years ago.Category: Estate Law
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2/22/2012
Estate Lawyer: Law Pro, Attorney replied 6 years ago
Law Pro
Law Pro, Attorney
Category: Estate Law
Satisfied Customers: 24,870
Experience: 20 years experience in estate and trust planning, probate, and wills
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What assets did he have solely his name?
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Customer reply replied 6 years ago
a vehicle and a banking account at Bank of America.
Customer reply replied 6 years ago
ps...I don't see an 'accept' button
Customer reply replied 6 years ago
should I continue to wait?
Estate Lawyer: Law Pro, Attorney replied 6 years ago
I am sometimes working with other customers at the same time. Sorry for any delay in responding to you.

Do you have any idea how much money is in the bank account?
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Customer reply replied 6 years ago
Under $5000, and the vehicle is paid off.
Estate Lawyer: Law Pro, Attorney replied 6 years ago
OK, I now understand your situation.

Small Estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings, provided certain conditions are met. Small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available. Small Estate procedures may generally be used regardless of whether there was a Will. In general, the two forms of small estate procedures are recognized:
1. Small Estate Affidavit -Some States allow an affidavit to be executed by the spouse and/or heirs of the deceased and present the affidavit to the holder of property such as a bank to obtain property of the deceased. Other states require that the affidavit be filed with the Court. The main requirement before you may use an affidavit is that the value of the personal and/or real property of the estate not exceed a certain value.

2. Summary Administration -Some states allow a Summary administration. Some States recognize both the Small Estate affidavit and Summary Administration, basing the requirement of which one to use on the value of the estate. Example: If the estate value is 10,000 or less an affidavit is allowed but if the value is between 10,000 to 20,000 a summary administration is allowed.

 

 

Under North Carolina statute, where as estate is valued at less than $20,000 ($30,000 if the affiant is a spouse and sole heir), an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent. Prior to the recovery of any assets of the decedent, a copy of the affidavit shall be filed in the office of the clerk of superior court of the county where the decedent had his domicile at the time of his death.

 

 

So you would go to the Superior Court and request from the clerk the Affidavit. Then once signed off by the court go the bank and present the court order and they will give you the monies from the account.

 

North Carolina has decoupled from the federal estate tax laws, it exempts the same amount of the estate from taxation as the federal law allows. This means that the first $3,500,000 of an estate is exempt from North Carolina estate taxes.

 

 

 

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Customer reply replied 6 years ago
To clarify...does the estate include the value of the home, less the jointly held mortgage? Or, only all free and clear assets?
Estate Lawyer: Law Pro, Attorney replied 6 years ago
Given NC's estate law - the home would be free and clear.

The home passed automatically to you if jointly owned - you wouldn't include such as to your affidavit.


Please ask for "Law Pro" if you have any further future questions!

Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Law Pro
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Category: Estate Law
Satisfied Customers: 24,870
Experience: 20 years experience in estate and trust planning, probate, and wills
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Customer reply replied 6 years ago
should I continue to wait? Or open up the question to other attorney's?
Estate Lawyer: Law Pro, Attorney replied 6 years ago
What was your question - I thought I answered all your questions. Did you have another question?
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Customer reply replied 6 years ago
No, we're good! Thanks so much! Paid for and positive feedback left!
Estate Lawyer: Law Pro, Attorney replied 6 years ago
Oh, OK, I read your last response and thought you had another question which I didn't answer.

Have a great day!! Thanks!
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