Yes. The personal representative is entitled to make all decisions relating to the estate on his or her own, without consulting the heirs. However, the PR is under a fiduciary duty to take care of the estate and make prudent decisions about it. If you feel that the PR has acted in a way that... View More

Did your mother’s will either instruct or authorize her Executor to transfer your son’s inheritance to a custodian? If so, this is a transfer under NCGS 33A-5. For these UTMA accounts, the default is that the money must be transferred to the minor when he reaches 21. However, if the will... View More

Making a Power of Attorney gives an Agent the ability to take certain actions, in addition to the Principal (a power of attorney does not affect an individual's ability to make his or her own decisions). However, it sounds like your mother in law may not be capable of making her own decisions... View More

In North Carolina, an agent appointed under a Health Care Power of Attorney has the authority to deal with certain after-death decisions such as organ donation. Typically, an agent appointed under a Durable Power of Attorney is not given such authority (his or her authority ends at the death of the... View More

When a North Carolina resident dies without a will, they die “intestate.” When this happens, NC law decides how the person’s property is distributed. Even if your father said he intended for you and your daughters to have certain items or property, it’s not relevant if he didn’t write... View More

First of all, you are talking about your father's estate plan. That means that you must abide by your father's documents/decisions. You can’t make those decisions for him. If he has made a will that divides up his property a certain way and he wants to stick with that, you and your... View More

It is always a good idea to have a real estate attorney prepare deeds to transfer land. You will obviously have to pay the attorney to do this, but it is well worth the security of knowing it was done correctly. Once your attorney prepares the deed, it will have to be filed at the Register of Deeds... View More

I am sorry to hear about your husband's passing. Although your husband’s estate will be responsible for paying his credit card bills and his other debts, you may be able to get most of his assets out of his estate before the creditors receive anything.

First, did your husband name... View More

Where the will waives the bond requirement, the named executor can serve without posting bond. This applies to both residents and non-residents.

First of all, if you pay for your mother's cremation, you may be able to get reimbursed from her estate before other creditors get their share. North Carolina law provides a priority list indicating which creditors get paid first, and burial/cremation expenses are third on that list. See... View More

You need to file to be appointed as Administrator or Executor of your father's estate at the Clerk of Court's office in the county in which your father lived at his death. That will give you the ability to recover property taken from the estate, and the authority to gather, preserve, and... View More

There are effectively three parts to your question. First, will the sale of the property at this point be valid against creditors. Second, will the creditors be able to claim the funds from the sale. And third, can you be personally liable as Executor to additional creditors.

FIRST:... View More

First of all, you will not be liable for the estate’s debts simply because you are the son of the decedent. The debts of a decedent do not pass on to his devisees. If the debts outweigh the value of the decedent’s assets, the creditors will each only get a prorated portion of what is owed to... View More

Your father can name you on any of his beneficiary on any assets that allow him to name a beneficiary. Often, this includes life insurance and retirement accounts. This is up to your father to do: you cannot make his estate plan for him (unless you have a Power of Attorney from your father that... View More

Medicaid has a Five-Year Lookback period. This means that Medicaid can look back five years from the date that an applicant enters a nursing facility. Any gifts or transfers made for less than fair market value in the five years preceding the date of entry will disqualify the recipient from... View More

A life tenant has the right to possession and use of the property during his lifetime, unlike a person with a remainder interest. However, I think you have three options. (1) You and your father could come to an informal agreement whereby you use the house. Your father is entitled to do what he... View More

Because your mother died without a will, her property will be divided up according to North Carolina's Intestacy Statute. Intestacy does not provide anything for stepchildren, unless they were legally adopted by the decedent at some point before she passed away. It sounds like you and any... View More

The principal (the person creating the POA) must sign the document and have his signature notarized. The attorney in fact (the person receiving the power) does not have to sign the POA or be present when the principal signs it. So, the only two people who have to be in the same room are the... View More

Unless something like a separation agreement forbids it, you can revoke or change your will while you are separated from your spouse in North Carolina. If you pass away while you are separated, your spouse may still be able to claim an "Elective Share" of your estate (unless they are... View More

North Carolina only recognizes a very limited type of oral will. A nuncupative will must be made either (1) before two witnesses by declaring that this is the testator's will and that he is asking them to specifically bear witness to it, or (2) when the testator was in his "final... View More