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?
answered on Sep 19, 2019
No, you can successfully contest a will by proving only undue influence.
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.... View More 
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
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
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
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?
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
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... View More
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... View More
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... View More
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
probate as Executor passed before father and no identified successor Executor? Residence was left to be distributed to children.
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... View More
His mother and I are divorced. We live in nc.
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.
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
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... View More
answered on Jul 25, 2019
You are correct.
Best regards,
Evan Lohr
Attorney
(919)348-9211
evan@lohrnc.com
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.
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... View More
and turn around and sell it to my wife and I to avoid a home getting it to pay for his assistance?
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... View More
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... View More
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
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
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?
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
(919)348-9211
evan@lohrnc.com
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... View More
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
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.
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
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?
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
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... View More
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
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