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...Read 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...Read 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...Read 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...Read more »
They were separated she lives and has always lived in California, she came here 2 days after he died and took ever thing and went back to calif and sold the house here that was suppose to go to his granddaughter, what are my rights? She won't even give me my great,, great grandfather things... Read 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...Read more »
My father is 83 years old. My brother still lives within the home at this time. Upon the death of my father we have done a LegalZoom will. Should we list the home that is his only asset and a Willl or put it in trust for my brother and I upon his death. What is the difference or pros and cons of... Read 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...Read 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...Read more »
There isn't much in the way of assets. We are jointly named on a mortgage and any money in the bank will only be from a life insurance policy that hasn't paid out yet. Which isn't much by the way as this was his third time around with cancer and therefore considered uninsurable.... Read 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.
Aunt passed away in Cleveland County NC naming me (TX resident) executor without bond. Am I required to post an executor Bond? If so, how much? Real property worth $112K and and cash plus personal property valued at $68K.
As the closest relative (my sister too), are I/we required to become the administrator(s)? We had a terrible relationship with her and want nothing to do with this. Will NC force us to be involved as the next of kin? Can we simply do nothing? And if we are not involved how does all the end needs... Read more »
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...Read 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...Read more »
my mom passed in 2013 and as executor i went to clerk of court and ran the adds. i have finished with the clerk of court. there was only one claim and i paid it. there were no medical bills filed against the estate so should i check into the debt when the property sells?
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.
Father has stock and 401K in company he retired from. He has a bank account and multiple vehicles. He, also, has enormous medical bills. The bank account, stock, vehicles and land should have been put into the estate to settle the creditors, correct? Is it legal to give the land away before... Read 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...Read 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...Read more »
My grandparents are in bad health. If they deed their land to me and have to later enter a nursing facility what are the rules? I was told the land could be claimed by nursing home in 5 year? Im confused? How can i protect it?
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...Read more »
My grandma left her house to my dad and I when she died. He is listed as EST (life estate) and I am listed as REM (Remainder.) I know I don't get the house till my dad dies. He however already has a house and doesn't want to live in it. Am I able to use/sell it, or can I not do anything... Read 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...Read more »
My father passed away 2 years ago and now my mother has passed away. My step brothers that are from my dads previous marriage are trying to take all of my mothers stuff. However I have been appointed as the executive of her estate. Once the estate has settled are the step sons entitled to any of... Read 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...Read 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...Read 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...Read 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...Read more »
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