Here are some more facts from the questioner. Estate was assigned an administrator, wife of deceased person. Looking out for own interest, other beneficiary involved. Deceased person did not leave a will or named beneficiary on property or assets (including wife). Other beneficiaries would like estate to be handled through probate so total assets are revealed and truth be known about other matters. They would like the court/judge make decision on what is due beneficiaries.

Dear Beneficiary with a Sticky Situation,
Wow! What a mess! This could have all been avoided with a detailed estate plan, but you don’t want to hear what you’ve already figured out. Every state is different, but in NC, where I practice, if the estate was assigned an administrator then it is being handled through the court. When a person dies without a will, NC law takes over regarding who gets what. Typically, when someone is married and they have children, but no will, the assets owned solely in the deceased person’s name, are partitioned between the wife and the children. If the deceased person was married more than once, with children from a prior marriage, the amount allowed to the spouse decreases. All assets in the deceased person’s name, without beneficiaries, will funnel into the estate and then be divided according to the NC statutes. The court will oversee what is due to the beneficiaries. You may look at the court files in this administration to determine what is going on. They are a matter of public record, so go take a free look.
Best of Luck,
Cheryl
www.cheryldavid.com

The Law Offices Of Cheryl David is a member of the American Academy of Estate Planning Attorneys.

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