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 »
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...Read more »
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 »
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.
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?
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.
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 »
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.
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 »
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 »
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 »
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.
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... Read more »
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 »
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?
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.
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... Read more »
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 »
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 »
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...Read more »
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