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... View More 
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... View More
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
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... View More
Bank told me that I need to be appointed executer of her estate to gain access to her account. No will available.
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
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... View More
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... View 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?
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
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... View More
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... View More
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... View More
what is your response?
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
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/... View More
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... View More
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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