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Questions Answered by Charles Evan Lohr
1 Answer | Asked in Civil Litigation for North Carolina on
Q: How do I get help in terminating an adult guardianship?
Charles Evan Lohr
Charles Evan Lohr answered on Nov 7, 2019

You can file a petition in the special proceedings division of the clerk of superior court who has jurisdiction of the case.

2 Answers | Asked in Estate Planning for North Carolina on
Q: Step grandfather passed away but left everything to me and my kids but his niece by marriage has the will. Wont give it

To anyone. How do we go about getting a copy of the will.

Charles Evan Lohr
Charles Evan Lohr answered on Nov 7, 2019

You can file an application by affidavit to request the clerk of court to order her to produce the will. I am glad to help if you need it.

Evan Lohr

Attorney

(919)348-9211

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1 Answer | Asked in Estate Planning for North Carolina on
Q: I have a piece of land that was inherited from my father and he inherited it from his father. I have searched for a deed

but couldn't find one. I was told there wasn't a deed that it has been past down without a deed. I have been paying taxes on this piece of property for years. I want to have it put in my name, because there are things i want to have done and i can't do it because my hands are tied. I have to have... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Oct 4, 2019

If an estate was opened at the courthouse for your father and his father, then the estate file(s) would indicate how title to the land passed. If estates weren’t opened for either, then you would need to do that to obtain clear title. There are also a couple other options you may have.... Read more »

2 Answers | Asked in Estate Planning for North Carolina on
Q: North Carolina will challenge. Do I need to prove BOTH Mental Capacity to make a will AND Undue Influence?

I am pretty sure I can meet the burden of proof for Undue Influence. Mental Capacity I may not be able to defeat.

Can I prevail in North Carolina Law with just the Undue Influence alone to set aside the will?

Charles Evan Lohr
Charles Evan Lohr answered on Sep 19, 2019

No, you can successfully contest a will by proving only undue influence.

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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: How do I protect my interest in a dual inheritance?

When my grandmother passed away, she left the house and land equally to me and my aunt. Instead of selling the house and dividing the proceeds, my aunt has continued to live there since her passing. Currently, my aunt and I are somewhat estranged and I do not know what preparations she has made.... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Sep 13, 2019

There are several options you could pursue, but they will all depend on how the property is titled. Please feel free to call me to discuss further.

Evan Lohr

Attorney at Law

(919)348-9211

evan@lohrnc.com

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2 Answers | Asked in Elder Law for North Carolina on
Q: How do you locate a will and power of attorney?

3 siblings, mother with memory issues, 1 child is hiding will and other documents; other 2 siblings want to find out what the documents say

Charles Evan Lohr
Charles Evan Lohr answered on Sep 10, 2019

You. An file an application by affidavit with the clerk of court to try to get them to compel the sibling to file the will with the court.

Please feel free to let me know if you have any more questions.

Evan Lohr

Attorney

919-348-9211

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1 Answer | Asked in Probate for North Carolina on
Q: My husband was left land through his grandfathers will. Does this land need to go through probate?

His grandfather had no bills. When does the land officially become my husbands and how long do we have to wait to start the process of putting a home on it?

Charles Evan Lohr
Charles Evan Lohr answered on Sep 6, 2019

The will will need to be admitted to probate to pass title, but the real estate is not technically a probate asset. There is a fairly inexpensive way to do this that I’d be glad to help you with.

Evan Lohr

Attorney

(919)348-9211

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Father passed in April 2019. In North Carolina, is my father's residence a part of the probate process? Does the

Administrator of my father's estate have the authority to prevent any beneficiary from accessing the residence? And is the Administrator the final decision maker on the sale price of the residence, and do all the beneficiaries have to agree on the sale price of the residence, along with any... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Sep 2, 2019

The beneficiaries of the estate own any real property located in NC upon the death of the decedent, although the administrator can petition to bring the real property back into the estate if it is needed to pay the claims of creditors or costs of administration. Unless that is the case, the... Read more »

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: Right after my husband passed away I had a relapse in that time I signed everything over to his adult children .

His son manipulated me and told me he had the money to fight me and I would get nothing . His father and I had been split up for a year but I still took care of him . his son give me 5000 but my id wasn't even valid and I dont remember signing the papaers due to me doing pills trying to cope with... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Sep 2, 2019

There are ways that you can try to undo the transfer(s), but you will almost certainly need an attorney to help you with filing a lawsuit. Feel free to contact me to discuss further.

Evan Lohr

Attorney

(919)348-9211

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Father passed in Spring 2019 with a Will and debt free residence. Is the residence separate from the estate which is in

probate as Executor passed before father and no identified successor Executor? Residence was left to be distributed to children.

Charles Evan Lohr
Charles Evan Lohr answered on Sep 2, 2019

An estate will need to be opened to pass title to the real property. It is not technically an asset of the estate but can be brought back into the estate if needed to pay creditors.

If the people/persons nominated to be executor in the will are deceased, then the clerk of court has the...
Read more »

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3 Answers | Asked in Estate Planning for North Carolina on
Q: Hello I was wandering my son passed away from a car accident he was 22 yrs old. Can I be the administrator of estate.

His mother and I are divorced. We live in nc.

Charles Evan Lohr
Charles Evan Lohr answered on Aug 8, 2019

You can apply in the county where he resided at the time he passed away. If his mother also applies to be appointed, then the clerk of court would decide who would serve.

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2 Answers | Asked in Estate Planning for North Carolina on
Q: How do I check if an estate has been recorded at clerk of courts in NC
Charles Evan Lohr
Charles Evan Lohr answered on Jul 29, 2019

You can check whether an estate has been opened for someone by calling the clerk of superior court in the county in which they resided when they died.

Evan Lohr

Attorney

919-348-9211

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1 Answer | Asked in Probate for North Carolina on
Q: I am assisting a friend with a probate of a will in Buncombe Co, NC. I have a question about a form we rec'd from the

clerk of the court. This is a simple estate with some personal items and a house. The will leaves the house to the heirs and directs them to assume any debts. They are not required to sale the house. The clerk gave us a form AOC 505 - revised 5/19, which refers to "Real Estate Willed to the... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Jul 25, 2019

You are correct.

Best regards,

Evan Lohr

Attorney

(919)348-9211

evan@lohrnc.com

2 Answers | Asked in Estate Planning for North Carolina on
Q: A relative "acquired" some property after the passing of my mother. They refuse to return the property to the estate.

They stole a purse and money from the bedside of the deceased person and say they feel they can keep it and it's contents.

Charles Evan Lohr
Charles Evan Lohr answered on Jul 22, 2019

Hello,

I am sorry for your loss. The best option for your situation is for the person who is executor or administrator of the estate to file a petition to recover personal property with the clerk of court to try and have the property returned. Feel free to contact me if you’d like further...
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1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: My dad will need assisted living in the near future. In NC can a non-family member purchase the condo

and turn around and sell it to my wife and I to avoid a home getting it to pay for his assistance?

Charles Evan Lohr
Charles Evan Lohr answered on Jul 15, 2019

A person’s primary residence isn’t considered a countable asset for Medicaid purposes if they intend to return to the home (this is a very low standard to meet) so owning it wouldn’t impact his eligibility to qualify. Any cash that he received from the sale of the home would count against his... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: In NC, my stepfather revoked an amendment to his trust by writing revoked, dating and initialling. Legal?
Charles Evan Lohr
Charles Evan Lohr answered on Jul 10, 2019

Although it depends on the surrounding circumstances, if he was competent and not subject to undue influence or duress the revocation of the amendment would probably be considered valid by a court. You should definitely discuss this further with an attorney.

Evan Lohr

Attorney...
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1 Answer | Asked in Probate and Social Security for North Carolina on
Q: There are 6 heirs .My parents passed away and I have filed for my as I there doctors say I'm disability but want pay me

Until the estate is settled I thought I can't sell my part if the other5 heirs want let me what. Can I do to get my money I need

Charles Evan Lohr
Charles Evan Lohr answered on Jun 30, 2019

Hello,

Feel free to contact me at 919-348-9211 or evan@lohrnc.com. I think I can help you but need more details.

Thank you,

Evan Lohr

Attorney

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: If executor of estate/will does NOT inform 1 of 3 heirs of estate is that illegal?

I've not been informed of estate sale(date) but everything in house is gone. Found out from friend car sold but I've been told nothing. Is this legal? The other 2 heirs are my sister and her son. Sis is executor. What is my recourse on this? Is this breach of contract?

Charles Evan Lohr
Charles Evan Lohr answered on Jun 28, 2019

If the executor has been appointed by the clerk of court and probate opened, then an inventory of the property should be filed along with periodic accountings. Please feel free to contact me if you'd like to discuss further.

Thank you,

Evan Lohr

Attorney...
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2 Answers | Asked in Estate Planning for North Carolina on
Q: Can this property be passed on to one adult child without complications?

My husband and i purchased a home together recently right before we were married. We have a mortgage on this home. Because I paid the down payment on the home, it is listed on the deed as me owning 60 % and husband owning 40%. I have 3 adult children and he has 2. All of theses adult children are... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Jun 18, 2019

I’m glad to provide a brief free consultation to discuss your options. Your goals shouldn’t be difficult to accomplish with an attorney’s help.

Best regards,

Evan Lohr

(919) 348-9211

Evan@lohrnc.com

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