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Questions Answered by Charles Evan Lohr

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 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 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 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 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 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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1 Answer | Asked in Probate for North Carolina on

Q: My mom passed 4 years ago and her will has never been through probate because the property is mortgaged. I am not in

charge but am her oldest child. What can i do? I wish to return to her home and live there with my grandson. The payments have been made but want this mess cleared up. We live in NC. I have asked the person in charge to look into this matter but am told they can do nothing because of the mortgage.

Charles Evan Lohr answered on Jun 10, 2019

There are ways that you can compel the production of a will - or if no will is produced you can open an intestate estate. I recommend that you discuss further with a lawyer - I'm glad to help.

Thank you,

Evan Lohr

Attorney

(919)348-9211

evan@lohrnc.com

1 Answer | Asked in Estate Planning for North Carolina on

Q: what documents do I need to transfer my house into a Revocable Living Trust ?

I have the Affidavit of Consideration or Value form from Dare Co., North Carolina which is the location of the house. What else will I need to transfer the house into the trust I am setting up?

Charles Evan Lohr answered on Jun 9, 2019

You will need a deed conveying the property to the trustee. I’m glad to help if you need it.

Thank you,

Evan Lohr

919-348-9211

Evan@lohrnc.com

1 Answer | Asked in Probate for North Carolina on

Q: Can you conduct a Summary administration (one real-property asset) in NC if the adult children renounce? (no will)

Father in law died intestate in Tenn. No probate required. Owned a single piece of real property (land) in N.C. worth >$40k. He left a Wife and 3 adult children. If the adult children (and spouses) file renunciations for interest in the NC property, can his widow (spouse) file for summary... Read more »

Charles Evan Lohr answered on Apr 12, 2019

There is likely a better option than summary administration. Feel free to give me a call to discuss.

Evan Lohr

919-348-9211

Evan@lohrnc.com

1 Answer | Asked in Estate Planning for North Carolina on

Q: Does an ancillary estate in NC, require a notice to creditors to prove ownership, if the full estate was in SC.

My grandfather passed away in Jan of 2017. I was his only heir. We filed a full estate in SC, where he lived at the time of death and filed two ancillary estates in NC. We were told that was all that was needed to show proof of ownership of the property. Now the real estate agent is asking for... Read more »

Charles Evan Lohr answered on Mar 4, 2019

N.C.G.S. 28A-26-8 provides that creditors barred by the out-of-state notice are barred in NC, as well. Assuming a certified copy of the out-of-state affidavits of publication and notice are already in the ancillary estate file, I think the quickest solution is to have the agent talk to the closing... Read more »

1 Answer | Asked in Estate Planning for North Carolina on

Q: I have revocable living trust, which was restated 5 years ago, superceding the original trust dated july 10 l998.

I need to change just successor trustees, eliminate any special bequests and a special needs trust. Will simply amending the Restated Trust with new information be legal as a restatement is? Thank you

Charles Evan Lohr answered on Feb 26, 2019

You should be able to change successor trustees and eliminate special bequests with a trust amendment and restatement. The special needs trust may be more difficult to change depending on the situation. Feel free to contact me if you'd like to discuss more.

Thank you,

Evan Lohr...
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1 Answer | Asked in Estate Planning for North Carolina on

Q: My wife passed, our residence is in NC. She had an account in a bank in SC. Bank won't let me get funds. What now?

Bank told me that I need to be appointed executer of her estate to gain access to her account. No will available.

Charles Evan Lohr answered on Feb 20, 2019

There are various options you could pursue with the Clerk of Court depending on the value of assets in her estate. I am glad to discuss if you'd like.

Evan Lohr

Attorney at Law

(919)348-9211

evan@lohrnc.com

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on

Q: Mom lived in Va & owned property in NC. I’m the beneficiary & live in Va. What are the steps to transferring to me?

My mother lived & died in Va. The will has been probated in Va without any issues. My brother & I are co-executors to her Estate. We have a letter of qualification from the clerk of court. I live in Va in the same county as her. My brother lives in Ala. We are the sole beneficiaries. She owned a... Read more »

Charles Evan Lohr answered on Feb 15, 2019

A certified copy of the will and the probate file must be filed with the clerk of court in the county where the real property is located and an order or probate entered there. Depending on the county, there are sometimes es additional steps that must be taken. Feel free to co text me if you need... Read more »

1 Answer | Asked in Estate Planning for North Carolina on

Q: In North Carolina, after death how much time do you have to put an estate through probate?

After the death of a family member, how long does the executor of the estate have to run the estate through probate? Such as, If a person passed away 8 months ago and the estate still has not been put through probate, is that legal?

Charles Evan Lohr answered on Feb 4, 2019

If an executor hasn't opened an estate after 8 months, then another family member or a beneficiary under the will can apply to have it opened. There are several steps that need to be followed to do it properly. Feel free to call me to discuss further.

Evan Lohr

(919)348-9211

2 Answers | Asked in Estate Planning, Family Law and Probate for North Carolina on

Q: NC Elective Share calculation - Can someone explain the calculation in layman terms?

Charles Evan Lohr answered on Jan 25, 2019

If the decedent and the surviving spouse were married less than five (5) years, the surviving spouse is entitled to fifteen percent (15%) of the decedent's net assets;

If the decedent and the surviving spouse were married at least five (5) years but less than ten (10) years, the surviving...
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1 Answer | Asked in Estate Planning for North Carolina on

Q: In NC are heirs responsible for secured debt, we did not co sign the loan but have been in contact with the bank.

He had a will (I am sole executor) his house was left to me & has been changed at the tax office. 2018 property taxes were paid by me. Land my brother currently lives on was willed to him. Ma passed in 2015. We are the only heirs. The 3 month estate notice was placed in paper and the bank did not... Read more »

Charles Evan Lohr answered on Jan 24, 2019

The real estate is not technically part of the estate, but you could get your expenses out of the property - assuming they are significant enough to make it worth doing so and there is enough equity. The debt stays with the property and becomes the responsibility of the new owners to deal with (or... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on

Q: NC Elective share-When served with an elective share petition from the surviving spouse, and you have no defense,

what is your response?

Charles Evan Lohr answered on Jan 23, 2019

You do not have to respond if you believe you don't have any defense, however, there are often property valuation issues that come up in these types of cases. I'm glad to discuss if you'd like.

Thank you,

Evan Lohr

Attorney

(919)348-9211

evan@lohrnc.com

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: How solid is the “My 5 Wishes”?

Fiancé passed away. I was the caregiver and healthcare agent as well as the appointed power of atty- until the end. There was no will. The surviving child(19) doesn’t want anything to do with being the executor. It is my honor to carry out wishes my fiancé had for the child. (ie: equity/... Read more »

Charles Evan Lohr answered on Jan 19, 2019

My condolences on your situation. In this case, since there was no will, North Carolina's intestacy rules will dictate how your fiance's assets are distributed. You may be able to be appointed administrator of the estate, especially if the child will agree that you should serve. Handling probate... Read more »

2 Answers | Asked in Probate for North Carolina on

Q: Is there an AOC form to petition for an elective share? Form #? Sample petition?

Charles Evan Lohr answered on Jan 17, 2019

There is not an AOC form petition to request an elective share, but I will be glad to provide a template if you contact me directly.

Thank you,

Evan Lohr

Attorney at Law

evan@lohrnc.com

(919)348-9211

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