It’s a fairly simple will, no trusts. The only thing that we’re concerned about is beneficiaries as all their addresses have changed as well as ours. Do you see any issues that might arise?
Moving does not invalidate the Will, and the addresses were to help determine who the beneficiaries are, in the event they are not known (i.e., there are 6 "Todd Smith's" that it could be - it would be the one that lived at that address at the time the Will was executed). So long as... Read more »
Not on deed No will I paid 71,000, 30,000 we paid for do I own the home
You could file as a creditor to his estate estate, and claim that he was holding it in trust for you, pro-rated to take into account the amount you contributed.
My name is not on deed in error. No will who owned home his kids or me
Depends on whether he had a Will, how many children he has, and how much debt he has. If he died without a Will, and the house is not needed to pay any of his debt, and he had more than one child, then you own 1/3 and the kids own the other 2/3.
Give him 10 days to remove it.
She has lived with us since she was 4 months old and we have had custody of her since about 2 years old. We are the only parents that she has really. I am told that in NC she is considered a legal ward and at the age of 18 I can no longer carry her on my insurance. Is this true?
You cannot carry her on your insurance unless she is your legal dependent. If you haven't been claiming her on your taxes as your dependent, I don't believe you can cover her. Check with your insurance agent to be sure.
You must either file to legitimate the child, file for paternity, marry her, or support the child. Supporting the child can be done in many ways. Act quickly though, because your time to act may have already passed, depending on how far along she is in the process. Consult with a family law... Read more »
has had his visitation rights terminated. the biological mother could see the child with supervision but has never approached that. neither has seen her since she was 18 months old. She calls us mom and dad but knows her circumstances. she would like to be adopted so that we all have the same... Read more »
You would not have to notify her biological father, if his parental rights have been terminated (you'll need to verify this). You will need to notify her biological mother, and if possible, get her consent. Otherwise, you'll need to have her parental rights terminated as well. Her last... Read more »
Does the executor have the right to come and do an inventory of items in my house. There are no outstanding debts. The executor is also my step son.
Yes, for purposes of obtaining a value on the property.
-dad adopted child
-child has no legal mother
-dad dies with no will
- daughter becomes executor
- other family member petitions the court to become guardian
Who legally becomes guardian of a minor child and their assets?
Guardianship does not happen automatically. You must petition the court to become guardian of the child. The court will most likely chose the person(s) who have a relationship with the child most similar to a parent-child relationship. If you want to be considered, you must petition the court... Read more »
She had not finished paying off the property. Wife is not listed on the lease and there is no will. We do not want the property and are not seeking anything other than to return the property to the owner. Does my wife have any obligations as the next-of-kin and only child?
Your wife will not be liable for the lease, unless she entered into an agreement beforehand stating that she would pay the monthly amount. I don't see why the owner wouldn't just take it back. I would at least get a copy of the rent to own contract and read what it says, though, just in... Read more »
no
Baby will be born in SC, we reside in NC. Mother desires us to adopt the baby as we are a stable and loving couple and she has been struggling with addiction and is single at 20 years old. We have adopted a relative before through the state of Florida. The difference is that our previous adoption... Read more »
She will need to have the child born here in NC, or you will need to go through the ICPC process (which can a lot of time and cause complications). Depending on how far out she is with the pregnancy, you'll also need to be timing a homestudy to be performed. The father can consent to the... Read more »
I agreed to him paying no child support only paying 1/2 medical expenses that my insurance did not pay. He did not pay his half of the braces that cost 5000.00 stuck me paying his half and my half. So I took him back for child support through DSS. They have been extremely slow in getting him to... Read more »
Depends on exactly what your agreement stated. Most likely, since you are most likely divorced now, he will not be able to get to your 401(k), directly. If you breached the agreement, however, the court could order you to pay a certain amount, but could not tell you you had to get it from the... Read more »
I'll be 18 the month after my son is born and my partner of 2.5 years is 20. We are not married and would like to wait for marriage. I'm curious because I'm a minor by technicality. Will he still be allowed on the birth certificate? Will they still allow him to sign it saying our son is his child?
Yes. He can sign the Affidavit of Parentage, and be listed on the child's birth certificate. To legitimate the child, however, he will need to adopt or marry you.
I just moved to North Carolina from California and I have an existing custody order, which states I have joint legal custody, and visitation for the summer, my son is suppose to be here in Clayton, Nc with me at this moment but he's not and his father is keeping him from me. I can't get... Read more »
If your joint custody is based on a court order, you would need to file for contempt in the court that granted the order. If its based on an agreement that the two of you had, you'll need to file an action for custody in the home state of the child (most likely where the child has lived for... Read more »
He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.
He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... Read more »
A NC resident dies with a will but the adult child in poor health dies before the will is processed. The child has siblings, a spouse and children of their own.
It depends on what the parent's Will states. In most cases, the property would go to adult child's heirs or the persons/entities the adult child left property to in his/her Will.
What can o do to make that happen
First, I would find out WHY. Unless there is already a court order in WA or your daughter was born in WA, if the child has lived in NC for at least 6 months, NC would be the home state of the child, and you would need to petition the court here to modify the custody arrangement (unless your ex... Read more »
His mom keeps telling him all this bad stuff about his dad and calling the cops, making threats and he is tired of it. He is so unhappy when he has to go home, he acts out.
You are caught in a very difficult situation. Based on what you've shared, it doesn't sound like you would have standing to sue for custody, and I'm assuming that his father is not apt to sue for custody. If you think he might, encourage him to at least meet with an attorney, to see... Read more »
This isn't really a question. Depending on what county you live in, there may be some "file-it-yourself" paperwork you can get from the courthouse to help you file for custody. Otherwise, you will need to have an attorney assist you. You should at least consult with an attorney,... Read more »
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