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Q: Can a nephew legally sell my deceased mother's house if I'm still alive?
I am the daughter of a deceased woman who owned a house in Tennessee. Her nephew is attempting to sell her house, but I am concerned about whether he has the legal right to do so. I haven't been able to locate her will or deeds, and I'm unsure if there is a probate process in effect. Her... View More 
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Christopher R. Milton
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answered on Sep 11, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2026
Under Tennessee law, title to real property vests immediately at death — either in the heirs (if there's no will covering it) or in the beneficiaries named in a valid will (Tenn. Code Ann. § 31-2-103). That means, as of right now, her nephew has no legal authority to sell the house unless... View More
Q: How to check if my father's will is recorded in Buncombe County, NC?
I'm trying to find out if my father's will has been recorded in Buncombe County, NC. The probate clerk mentioned that the lawyer needed to file a death certificate of another family member before the will could be recorded. I delivered the death certificate to the lawyer's office... View More
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Christopher R. Milton
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answered on Sep 11, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2026
In North Carolina, wills are probated (recorded) with the Clerk of Superior Court in the county where the decedent lived — Buncombe County's Clerk of Superior Court, Estates Division handles this for your father's file — rather than a separate probate or surrogate court. There's... View More
Q: How to transfer 60 acres in NC after parents passed without a will?
My parents passed away without a will, leaving behind 60 acres of land in Madison County, NC. My brother, who was the power of attorney, has also passed away. It's just me and my sister now, and we want to split the land. How can we go about having the land legally transferred to us?
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Christopher R. Milton
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answered on Sep 11, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2026
One important thing to check before anything else: having served as your parents' power of attorney while they were alive has no bearing on inheritance — that authority ends automatically at death (N.C.G.S. § 32C-1-110). What matters is whether your late brother was also a legal child and... View More
Q: Can a caretaker reclaim a pet bird from a sanctuary after owner's death?
A friend of mine recently passed away and his pet bird was taken by animal control to a bird sanctuary, which refuses to release animals in its care. The bird is domesticated and people-friendly. We are unaware of a will that specifies the bird's fate. A mutual friend, who was the caretaker of... View More
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Christopher R. Milton
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answered on Sep 11, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2026
Under North Carolina law, a pet is treated as personal property, just like any other item the person owned. Absent a will saying otherwise, ownership of the bird passed at your friend's death to his estate, to be distributed to his heirs under North Carolina's intestate succession law —... View More
Q: How to sell a house with a beneficiary who has Down syndrome and no funds in North Carolina?
My family has a house in North Carolina that was left to us by my aunt, which is free and clear, with seven beneficiaries involved. One of the beneficiaries has Down syndrome and a legal guardian (his mother). My sister, the executor, closed the financial proceedings through the court, but the... View More
PREMIUM
Christopher R. Milton
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answered on Sep 11, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2026
The obstacle your closing attorney is running into is a real one: when one of the co-owners is an adult under guardianship, North Carolina generally requires the guardian of the estate to get advance authorization from the Clerk of Superior Court before selling or conveying that person's real... View More
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