A death in the family leaves a lot of uncertainty. North Carolina probate and estate laws require you to follow specific procedures to notify interested parties, pay off liabilities and transfer assets. It can be challenging to know how to fulfill all the obligations.

The experienced team at Salines-Mondello Law Firm, PC is here to help. We work with you step by step until the entire process is complete.

If the deceased engaged in a preparatory strategy to avoid probate, it may not be necessary to initiate a probate proceeding, but there will still be a variety of legal and administrative tasks to complete, particularly if a trust is involved. We can take the confusion out of the process and ensure that you emerge ready to move forward.

Estates with significant assets or complex business interests require special attention. We understand the intricate issues involved and can devise a strategy to take advantage of the best opportunities for wealth preservation.

How We Help

Our dedicated estate attorneys can assist whether you want someone to manage the entire process associated with probate and estate administration or just need answers to a few simple questions. We are prepared to help with variety of matters including:

• Appointment of an executor or estate administrator
• Appointment of a resident agent
• Asset inventory and management
• Establishing and managing estate accounts
• Notifying creditors
• Evaluation, appraisal, and sale of assets
• Trust administration
• Distributing assets
• Filing a final accounting with the court and closing the estate

Estate administrators and executors can run into problems and even incur personal liability if they mismanage assets or make mistakes during the process. Guidance from a knowledgeable probate attorney can help you avoid considerable stress and complete proceedings in compliance with all requirements.

A Partner You Can Trust Through the Estate Administration Process in North Carolina

The tasks required during probate and estate administration come at a time when you may be overwhelmed by emotion. You can rely on the experienced team at Salines-Mondello Law Firm, PC to assist with all facets of estate management, secure in the knowledge that all requirements will be satisfied and assets protected.  To learn more about how we could assist, contact us today for a confidential consultation. 

Elective Share for Spouses

North Carolina law provides a special option for surviving spouses after the death of their partners. They may take an “Elective Share” instead of the share of property left to them in the deceased spouse’s Last Will and Testament. This option provides a significant benefit for spouses who are left less than the statutory amount in the Will.

Spousal elections are not automatic. A spouse who wants to claim the elective share must take affirmative legal action within six months of the time the probate court issues letters of administration to the executor of the estate.

The amount of the spousal share is calculated based on the length of the marriage. A spouse can receive:

• 15% if married less than five years
• 25% if married at least five but less than ten years
• 33% if married at least ten but less than 15 years
• 50% if married 15 years or more

Spousal elections can apply not only to property owned by a spouse but also property in which that spouse held a lifetime interest. North Carolina laws also give a spouse the option to take a life estate in one-third the value of real estate owned by their partner. 

The experienced team at Salines-Mondello Law Firm, PC, understands how to calculate elective share options in complex situations and can help you pursue the best plan to protect your interests.