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Questions Answered by Charles Evan Lohr
1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: First cousin died intestate I responded.I was listed as intestate heir, a lawyer wants to strike cause adopted

In NC I am adopted 1st cousin

Charles Evan Lohr
Charles Evan Lohr answered on Aug 2, 2021

I would need to see the petition filed by the lawyer to give you a worthwhile opinion. Feel free to contact me.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My friend just died, her husband is deceased, she has 2 daughters. 1 is 20, 1 is 16. Are they over her estate now

I'm asking you this because their aunt and grandma are trying to take over everything. Can they do that?

Charles Evan Lohr
Charles Evan Lohr answered on May 21, 2021

It depends on if your friend had a will. If there is a will, that will dictate who can handle the estate and who the property should go to. If there is not, then the children would be entitled to the property and the 20 year old would have priority to administer the estate. Please feel free to... Read more »

2 Answers | Asked in Estate Planning for North Carolina on
Q: My father is getting married again. He does not want to change his will he wants it to stay the same.

The new wife says she does not want any of the things he has before her.

But the children wants her to sign something stating that she will not have life time rights to the house or land.

The house property and bank accounts life insurances are willed to children and grand... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Mar 22, 2021

They will both have to sign a pre-nuptial agreement. That is the only way to get her to waive her rights to the spouse allowance and elective share.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My sister died 2/19/21. Her husband died 1/11/21. Both had wills. My sisters will left all to husband.

Since he died before her she left all to her children. She had no children. Who stands to inherit?

Charles Evan Lohr
Charles Evan Lohr answered on Mar 7, 2021

Her parents, if living, then siblings. Contact me at 919-348-9211 if I can help.

Evan Lohr

2 Answers | Asked in Probate for North Carolina on
Q: My mother died without a will (North Carolina). Father died prior. How do siblings divide the property, need probate?

Probate is only when there is a will, correct?

So how does the deed get amended to reflect the siblings own the property and not the deceased?

Charles Evan Lohr
Charles Evan Lohr answered on Feb 8, 2021

You will need to initiate an estate administration to pass title. Feel free to let me know if I can help.

Evan Lohr

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1 Answer | Asked in Estate Planning for North Carolina on
Q: Parents are divorced but both are on the deed, father passed away in October, I'm the only heir, will I get the estate?

My mom lives in a different country about to marry someone else. My father passed away in October. In the divorce decree it states that she will sign over at will, she is not entitled to or awarded to anything. So with me being the only heir, the estate goes to me correct? I can become... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Feb 3, 2021

This could be a relatively complicated issue and will require review of the divorce documents. Feel free to contact me for assistance.

Evan Lohr

2 Answers | Asked in Estate Planning for North Carolina on
Q: What would be the first step I should take in gaining right to my deceased grandfathers assets? (Land/home)

There was a written will, not filed with an attorney.

Charles Evan Lohr
Charles Evan Lohr answered on Jan 27, 2021

You will need to open an estate. I am glad to help.

Evan Lohr

919-348-9211

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1 Answer | Asked in Probate for North Carolina on
Q: A will was filed but not probated in Guilford. What are the steps to make the executor probate the will.

Can a will be contested without it being probated? Property tax value is well over $200,000.

Charles Evan Lohr
Charles Evan Lohr answered on Jan 22, 2021

Feel free to call me to discuss. I would need more context to answer your question.

Evan Lohr

919-348-9211

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My Dad died ..all deeds to property are still in his name _ property fell to my brother & I ..but he won't split propert

My brother wants both properties_ have 2 separate home places_ with land..different deeds fer all property..wants to be difficult splitting property help

Charles Evan Lohr
Charles Evan Lohr answered on May 27, 2020

You should be able to partition the property to divide it equally. Please feel free to call me at the number below if you'd like to discuss further.

Thank you,

Evan Lohr

(919)348-9211

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1 Answer | Asked in Probate for North Carolina on
Q: Mother left commercial property to me in her will. It is located in NC. Is it mine upon death w/ no probate necessary?

I want to avoid probate and was told that upon death the property is mine. Do I have to go through the court system?

Charles Evan Lohr
Charles Evan Lohr answered on May 13, 2020

Yes, the will must be admitted to probate in order to establish the chain of title. Feel free to contact me if you would like assistance.

Evan Lohr

Attorney

(919)348-9211

1 Answer | Asked in Probate for North Carolina on
Q: My dad passed away in high point nc this week. He didnt have a will but my uncle doesn't want me going to his house

Until the end of the month. My dad rented rooms out and I'm afraid things will go missing what are my right by law. I live in south Carolina

Charles Evan Lohr
Charles Evan Lohr answered on May 11, 2020

If your father didn't have a will, then you, his other children (if any), and his spouse (if any) would be a beneficiary of his estate, so you would own the property and have access to it. You would need to open an estate to show the transfer of title to the property (there is a relatively... Read more »

2 Answers | Asked in Estate Planning for North Carolina on
Q: My husband passed away with no will, deed in his name, Can money I paid to pay off loan be used to offset value

Stepdaughter is other heir. I also paid for kitchen remodel.

Charles Evan Lohr
Charles Evan Lohr answered on May 11, 2020

There is a good chance that you can receive an offset to recoup money you put into the house - depending on what evidence you have.

Feel free to contact me if you need further assistance.

Evan Lohr

Attorney

919-348-9211

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1 Answer | Asked in Personal Injury, Civil Litigation and Environmental for North Carolina on
Q: My neighbor dug two deep culverts on his property against my fence to drain water onto my property.

In 2016, he did something similar and admitted digging a trench because his yard was too wet. What can I do? My yard is a mess and I am becoming ill over this level of harassment. I need the offending party to cease the assault on my property and pay for tree and lawn repair. What category of law... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Feb 25, 2020

You may have grounds to file a nuisance lawsuit against him. Feel free to call me at (919)348-9211 if you'd like to discuss the case further.

Evan Lohr

Attorney

evan@lohrnc.com

1 Answer | Asked in Probate for North Carolina on
Q: My mother is deceased, I am her only child, her mother passed away after her. How are monies from selling homes split

My mother’s sister are selling my grandma homes am I due what my mother would have gotten if she was alive

Charles Evan Lohr
Charles Evan Lohr answered on Dec 16, 2019

You are entitled to any property your mother would have received had she been living. Feel free to contact me to discuss more.

1 Answer | Asked in Probate for North Carolina on
Q: If a property owner has passed away and the probate period has passed and there is no will. Who do you contact to buy?

If there are children what is the approach? If there are no children or co-owner what is the approach?

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

If there are children or other heirs to the deceased that you know of who are willing to administer the estate or nominate you to do it, that would be ideal. Feel free to contact me for assistance.

2 Answers | Asked in Estate Planning for North Carolina on
Q: Me and my brother own the house and property that my parents lived in. What are my rights to sell?

Me and my brother own the house and property that my parents lived in. I want to sell him my half but either he can't get the money or won't pay 1/2 of appraisal value. I am the oldest of both of us and I have no desire to keep another house. If he can't buy my part, I suggested... Read more »

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

You can file a partition action in the county where the property is located.

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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... 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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