Do I Qualify for a Child’s Allowance in North Carolina If I’m Over 21 Years Old?
Detailed Answer
In North Carolina, a family allowance gives a surviving spouse and children financial support from an estate during probate. This allowance ensures they maintain a basic standard of living while the estate settles. You find the rules for this allowance in N.C.G.S. § 28A-20.
Who counts as a child? Under North Carolina law, a “minor child” generally includes anyone under 18. The allowance may extend to age 21 if the child was already receiving support at the time they turned 21. Once a child reaches 21, they no longer qualify as a minor for a family allowance.
What if I’m over 21? If you are over 21, the family allowance ends at your 21st birthday, unless one of two exceptions applies:
- Extension for those already receiving support: If you turned 21 while getting the allowance, the court may continue payments until the next scheduled distribution.
- Incapacity exception: An adult child who has a permanent physical or mental disability may still qualify. The court can award an allowance if you prove your disability existed at the decedent’s death and that you depend on the estate for support.
If neither exception applies, you cannot claim a family allowance once you pass age 21. Instead, you may look at other estate provisions—like a specific bequest in the will—or discuss potential claims against the estate with the personal representative.
Key Points to Remember
- Statutory basis: Family allowances are governed by N.C.G.S. § 28A-20.
- Age limit: Regular support ends when a child turns 21.
- Continuation: If the allowance is in place before age 21, it may continue only until the next distribution after the 21st birthday.
- Disability exception: Adult children with a qualifying physical or mental disability may still receive an allowance.
- Filing a petition: To request or extend an allowance, you petition the probate court and provide documentation of age or disability.
Contact Pierce Law Group
Navigating family allowances can feel overwhelming. Pierce Law Group’s attorneys have deep experience guiding families through probate in North Carolina. If you need help determining your rights or filing a petition, contact us today. Email us at intake@piercelaw.com or call (919) 341-7055 for a consultation.
