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My father passed last summer. I am the executor of the

Customer Question
My father passed last...

My father passed last summer. I am the executor of the estate. My mother is still alive but has dementcia but is still home with my younger brother. What is she entitled to by law?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

NC

Lawyer's Assistant: What documents or supporting evidence do you have?

A will, however my dad committed suicide--

Lawyer's Assistant: I'm sorry if I'm reading you wrong here, but it seems as though you might be considering committing suicide or hurting yourself. Am I right?

No my father that passed last summer committed suicide.

Submitted: 7 months ago.Category: Estate Law
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Answered in 1 minute by:
12/6/2017
Estate Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,537
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Does the will leave mother anything specifically?

.

.

thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 7 months ago

Also how long were they married?

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Customer reply replied 7 months ago
They were married 60 years, he did not specifically leave anything to her. They have a house that is paid for and owe no bills, except normal living expenses IE: light, water, taxes etc. My younger brother is still living at home, and takes care of her.
We live in NC
Customer reply replied 7 months ago
She has dementia, and was diagnosed 2 years ago. She is 84
Estate Lawyer: Barrister, Attorney replied 7 months ago

Ok, in NC, if a spouse is not left an amount in a will of a certain percentage, they can legally elect to claim a "spousal elective share" under the law where the amount they can receive depends on the length of the marriage.

.

Under the new Elective Share statute, N.C.G.S. Section 30-3.1, beginning October 1, 2013 the minimum percentage of the decedent's net assets which must be allocated by a decedent to his or her surviving spouse is as follows:

  1. If the decedent and the surviving spouse were married less than five (5) years, the surviving spouse is entitled to fifteen percent (15%) of the decedent's net assets;
  2. If the decedent and the surviving spouse were married at least five (5) years but less than ten (10) years, the surviving spouse is entitled to twenty-five percent (25%) of the decedent's net assets;
  3. If the decedent and the surviving spouse were married to each other at least ten (10) years but less than fifteen (15) years, the surviving spouse is entitled to thirty-three percent (33%) of the decedent's assets; and
  4. If the decedent and the surviving spouse had been married to each other fifteen (15) years or more at the time of the decedent's death, the surviving spouse is entitled to fifty percent (50%) of the decedent's net assets.

.

So whoever is mother's legal guardian could file a claim for the spousal elective share for 50% of her assets with you as the executor of father's estate.

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Are you still on line?
Estate Lawyer: Barrister, Attorney replied 7 months ago

Yes, did you see my answer above?

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Customer reply replied 7 months ago
Your answer was sent to my cell phone and I am having trouble opening it. Can you send it to my e mail address?
Estate Lawyer: Barrister, Attorney replied 7 months ago

I don't have any way to email customers as I am just a site user like you...

.

I think that JustAnswer customer service could probably email you if you have an email on file with them..

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This is what I posted:

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Ok, in NC, if a spouse is not left an amount in a will of a certain percentage, they can legally elect to claim a "spousal elective share" under the law where the amount they can receive depends on the length of the marriage..Under the new Elective Share statute, N.C.G.S. Section 30-3.1, beginning October 1, 2013 the minimum percentage of the decedent's net assets which must be allocated by a decedent to his or her surviving spouse is as follows:If the decedent and the surviving spouse were married less than five (5) years, the surviving spouse is entitled to fifteen percent (15%) of the decedent's net assets;If the decedent and the surviving spouse were married at least five (5) years but less than ten (10) years, the surviving spouse is entitled to twenty-five percent (25%) of the decedent's net assets;If the decedent and the surviving spouse were married to each other at least ten (10) years but less than fifteen (15) years, the surviving spouse is entitled to thirty-three percent (33%) of the decedent's assets; andIf the decedent and the surviving spouse had been married to each other fifteen (15) years or more at the time of the decedent's death, the surviving spouse is entitled to fifty percent (50%) of the decedent's net assets..So whoever is mother's legal guardian could file a claim for the spousal elective share for 50% of her assets with you as the executor of father's estate...thanksBarrister
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Estate Lawyer: Barrister, Attorney replied 7 months ago

Would you like me to contact JA customer service to see if they can email you?

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Estate Lawyer: Barrister, Attorney replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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