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How to file a claim of inheritance? NC. Signed a waiver as…

How to file a...

How to file a claim of inheritance?

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NC

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Signed a waiver as an heir to the estate, naming my aunt as estate executor.

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Answered in 4 minutes by:
3/18/2018
Jessica B
Category: Estate Law
Satisfied Customers: 1,817
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

Based on the information you have provided, I see that an estate has been opened and your aunt is the executor of the estate. First, is there a Will and if so, do you have a copy of the Will? This is important to know how to approach receiving your inheritance.

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Customer reply replied 5 months ago
No will, and Probate period has just ended.

What do you mean the probate period ended? Has the estate been closed? During the probate did you ever receive an Inventory of the assets of the estate?

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Customer reply replied 5 months ago
No I did not. The Probate was started on Dec 15 last year, and I was told it would be 90 days before I could make a claim, by the attorney that helped my aunt with the Probate filing.

Ok, I see now. What the attorney meant by that statement is that when the estate was opened, the estate must go through a creditors period. The creditors period lasts for 90 days. During that 90 days, no money may be distributed to the beneficiaries. Now that the creditors period has ended, you may make a request for distribution. The first step is to send a written request to your aunt and her attorney, requesting a distribution of money. You will want to send this letter certified.

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If the executor does not make a distribution or provide a reasonable excuse as to why one cannot be made yet, then you may file a petition demanding a distribution. You will want to attach a copy of the letter to the petition so that the judge can see you attempted to resolve the issue without going to court.

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Customer reply replied 5 months ago
Is there a certain amount of time they have to respond, or am I just at their mercy? And with whom will I file the petition? The Clerk of Court?

In the letter state that you require a response within 15 days of receipt of your letter. If you need to file a Petition you will file it with the clerk of court. If it goes that far I highly recommend using an attorney to prepare and file the paperwork.

Jessica B
Category: Estate Law
Satisfied Customers: 1,817
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 5 months ago
That's what I needed to know. Thank you for you time and attention. You have been very helpful.

No problem. Please let me know if I may be of help in the future. Thank you!

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