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Get To Know Your Surviving Spouse’s Probate Lawyer… Year’s Allowance

Before You Need Them W hen a spouse dies, it can be a very emotional time for the surviving spouse. On top of grieving, the surviving spouse also has to worry about North Carolina’s law on estate administration to make sure that all of their deceased spouse’s assets are in the survivor’s name. Under North As a seasoned estate planning and probate attorney, I’ve helped many clients get their “ducks in a row.” This is a gift they can give to their family, one that is a huge relief for them in a time of grief and loss. Carolina General Statute 30-15, every surviving spouse, whether or not there is a Will, is entitled to the value of $60,000 worth of personal property of the Decedent for the surviving spouse’s support. This is called a Surviving Spouse’s Year’s Allowance. Many clients ask if their family can call me for help with settling the estate. The answer is always a resounding This allowance is exempt from any lien, judgment, “yes,” and it is an honor to serve the families of clients costs of the estate, or debts of the estate. Therefore, who have passed away. if applied for, the year’s allowance must be paid prior to any creditors of the estate. This is a great way for I recently had the pleasure of meeting with a family (father a surviving spouse to claim vehicles, bank accounts, and children) for a “pre-need” probate consultation. “Dad” or household goods that were titled in the Decedent’s was very much alive and well and wanted his children to name solely to themselves. have a familiar face to call on when the time comes. It was most beneficial for us all to be able to discuss the probate It is important to speak to an experienced estate process at a time when all the key players (especially Dad) administration attorney in North Carolina to make sure could be present. The family walked away feeling educated that the surviving spouse properly receives their year’s and at ease. allowance. You do not want until the last minute due to time restrictions set by North Carolina law. If you are reviewing your “to do” list, consider getting to know your probate lawyer and introducing them to your Danielle Feller is our lead estate administration attorfamily. A trusted attorney experienced in estate administra- ney at Daly Mills Estate Planning. Danielle is a native of tion will be a valuable asset to your loved ones, a relation- Mooresville, a member of WealthCounsel, ElderCounsel, ship that may last for several months, so who better to and The National Academy of Elder Law Attorneys. She make that introduction than you? Your loved ones will be has been published in a chapter of Wealthcounsel’s relieved to know that when the time comes, they already second edition of Estate Planning Strategies, Collective have a trusted team member in their corner, ready to step Wisdom, Proven Techniques. Give Danielle a call today in and help. for a free consultation at 704-878-2365. You can also visit our website at www.DalyMillsEstatePlanning.com.

Amy Shue Isaacs Probate & Estate Administration Attorney The McIntosh Law Firm, P.C. www.mcintoshlawfirm.com Danielle Feller Give Danielle a call today for a free consultation at 704-878-2365. You can also visit our website at www. DalyMillsEstatePlanning.com.