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Questions Answered by Charles Evan Lohr
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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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... 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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