If my parents were married but separated, is she in charge of my late father’s estate?
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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 5 years 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 5 years 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.
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