My Mother passed away 4 years ago from lung cancer. She Smoke Cigarettes since she was 12 years old. It has been so difficult for me to talk...

Question

My Mother passed away 4 years ago from lung cancer. She Smoke Cigarettes since she was 12 years old. It has been so difficult for me to talk about her death until recently. What is the Statue of Limitation in the State of N.C. and N.Y. because we lived in both states? Thank you.

Answer

Two years from the date of death in NY. You may have lived in two states but your mother had only one "domicile." That is the place to which she always intended to return, and you have to select one or the other. Most likely you will go with the state where she passed away or is buried. I do not advise on the laws of states other than NY and NM, but I do not think you can make a case in NC in light of its long-standing connection to the tobacco industry.