North Carolina Objection to Family Allowance in a Decedent's Estate

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Multi-State
Control #:
US-02670BG
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Description

A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Section 28A-19-1 - Manner of presentation of claims (a) A claim against a decedent's estate must be in writing and state the amount or item claimed, or other relief sought, the basis for the claim, and the name and address of the claimant; and must be presented by one of the following methods: (1) By delivery in person ...

Distribution of the estate to the heirs (how and to whom). If you haven't completed settlement of the estate within 12 months of qualifying as administrator or executor, you must file an annual inventory showing items a, b, and c, above. A simple estate can usually be closed in a year.

If you are a CJRS retiree and have a surviving spouse at the time of your death, a monthly Surviving Spouse Benefit will be paid to your spouse. The benefit is equal to half the benefit under the maximum allowance reduced by two percent for each full year your age exceeds the age of your spouse.

NCGS 30-15 provides that a surviving spouse shall be entitled to an allowance of the value of $60,000 from the personal property of the deceased spouse to support the surviving spouse. The surviving spouse must apply for this allowance through the Clerk of Court within one year of the deceased spouse's death.

California and the federal government have different tax laws about spousal support (also known as alimony). For California income taxes, the person paying support can deduct the payments. The person receiving support must report the payments as income.

NC Specifics If the executor has faithfully fulfilled the notification duties in Task: Publish Notice of Death, then creditors will have only 90 days from the date of the first publication of notice to creditors, or 90 days from an individual notification, whichever comes later.

At least five years but less than 10 years, the surviving spouse takes 25% of the Total Net Assets. At least 10 years but less than 15 years, the surviving spouse takes 33% of the Total Net Assets. More than 15, the surviving spouse takes 50% of the Total Net Assets.

The spousal allowance (or ?year's allowance?) is an allowance that one receives from the deceased spouse's estate after the death of the spouse.

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North Carolina Objection to Family Allowance in a Decedent's Estate