How Can Heirs Protect Their Inheritance When a Surviving Spouse Files Only a Spousal Allowance Petition in North Carolina?
1. Detailed Answer
In North Carolina probate, a surviving spouse may file a petition for a spousal allowance under North Carolina General Statute § 30-15. This allowance provides up to $30,000 in cash plus the right to remain in a furnished home for up to one year. If the spouse accepts this allowance, they effectively waive any further claim to the estate, including an elective share in the residuary estate.
When a spouse opts only for the spousal allowance, heirs must take prompt action to safeguard the remainder of the estate. Key concerns include ensuring the allowance was computed correctly, confirming the petition deadline was met, and verifying the allowance did not exceed statutory limits. Under § 30-15, the petition must occur within six months after probate of the will or qualification of the personal representative.
Heirs should ask the personal representative for a full estate inventory and appraisal. They may file objections if the allowance petition fails to comply with the statute. For example, if the spouse did not list all assets or breached the six-month deadline, heirs can move the court to strike or reduce the allowance. They can also request a court-supervised accounting of estate assets.
After the court approves the spousal allowance, the remaining estate distributes to beneficiaries. Heirs should monitor distributions and confirm no additional claims linger. North Carolina law allows heirs to challenge unforeseen or excessive claims within three years of distribution. If necessary, heirs can petition for re-accounting or ask the court to compel the personal representative to restore estate funds improperly used.
2. Key Steps for Heirs to Protect Their Inheritance
- Review the Spousal Allowance Petition: Ensure the surviving spouse filed within six months and the amount does not exceed $30,000 plus one year’s housing. (N.C. Gen. Stat. § 30-15)
- Request an Inventory and Appraisal: Ask the personal representative for a complete list of assets and their fair‐market values.
- File Timely Objections: If you detect errors or missed deadlines, file an objection in the probate court promptly.
- Demand an Accounting: Insist on a formal accounting of estate receipts and disbursements to verify proper handling of the allowance.
- Monitor Estate Distributions: Attend court hearings and review orders before any final distribution to beneficiaries.
- Challenge Unresolved Claims: Use North Carolina’s three-year statute of limitations to contest any hidden or excessive claims after distribution.
Call to Action
Protecting your inheritance when a surviving spouse elects only a spousal allowance requires careful review and swift action. At Pierce Law Group, our attorneys have deep experience guiding heirs through North Carolina probate. If you need help reviewing allowance petitions, filing objections, or securing a proper accounting, reach out today. Email us at intake@piercelaw.com or call us at (919) 341-7055. Let us help you safeguard your inheritance.
