If my parents were married but separated, is she in charge of my late father’s estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my parents were married but separated, is she in charge of my late father’s estate?

My mom lives in MA and my late father lived in N.C. They were still legally married. I the daughter and had POA. There are bank accounts and burial expenses. Does my mother deal with that now or me?

Asked on August 26, 2019 under Estate Planning, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Upon your father's death, your POA ended. As to just who is in charge of the estate, if your father left a Will then the person named executor will do it. If he passed without a Will, then he died "intestate" so a family member or friend can ask the probate court for appointment as the "personal representive" (this is the equivalent of an executor when there is no Will). Further, although separated, since your parents were still legally married at the time of your father's death then your mother is entitled to inherit her share of his estate as his lawful wife.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Upon your father's death, your POA ended. As to just who is in charge of the estate, if your father left a Will then the person named executor will do it. If he passed without a Will, then he died "intestate" so a family member or friend can ask the probate court for appointment as the "personal representive" (this is the equivalent of an executor when there is no Will). Further, although separated, since your parents were still legally married at the time of your father's death then your mother is entitled to inherit her share of his estate as his lawful wife.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption