Hospital gave me forms for medical power of attorney and I have blank from online search for power of attorney. Can I complete these and have them notarized and they be legal. On fixedincome and can't afford lawyer at this time. Location shows as Eden when questions submitted. I live in... View More 
answered on Aug 19, 2015
You can certainly fill out your own forms for the Power of Attorney and Health Care Power of Attorney, as long as you fulfill NC's requirements for each of the documents. You need to have the POA notarized. For the medical document, you need to sign the HCPOA before two "qualified"... View More
Rights does he have if he has not been named the administrator
answered on Aug 19, 2015
Once a will is probated, it becomes a matter of public record. Contact the Clerk's office in DC to find out whether a will has been submitted for probate yet, and to get a copy of it if so.
POAs are recorded in some instances, but it is possible that there was a valid POA that was not... View More
What happens to estate and affairs in N.C.?
answered on Aug 19, 2015
A Power of Attorney is only effective during the life of the grantor. So, the POA will have no effect on how your mother's estate is handled after she passes away. The POA may grant your brother authority to act on behalf of your mother in dealing with the property and mortgage while your... View More
County property tax is due and heirs cannot pay the tax. Can it be paid out of the estate before distributions to heirs?
answered on Aug 19, 2015
In North Carolina, the Administrator or Executor should only pay the expenses of maintaining real property (such as property taxes, insurance, etc) in two situations: (1) where the real property was willed directly to the estate in the decedent’s will, and (2) where the proceeds from the sale of... View More
I heard that you do need to worry about putting real estate (personal home, rental properties) into trusts in NC, that it will still easily pass to heirs (children, not talking about spouse) without having to do trusts? Is this true / recommended if you are trying to avoid probate ?
answered on Aug 19, 2015
Generally, in North Carolina, title to real property vests in your heirs or devisees as soon as the owner passes away. So, if you have a will naming your children as devisees of your real property, your children will be considered the owners of the property as soon as you pass away. If you die... View More
Do we need to file probate?
answered on Aug 11, 2015
"Non-probate assets" are those which are owned jointly and/or which have a beneficiary designation. If all of your husband's assets were non-probate assets, you do not need to file for probate. Real property is non-probate if it is owned as "tenants by the entireties" or... View More
was changed to Fidelity, the beneficiary information didn't transfer, Could we sue to employer or Fidelity to make them honor his beneficiary wishes? At a 39.6% federal estate tax rate, this is a significant amount of money. Would we have a case?
answered on Aug 11, 2015
Generally, retirement benefits are included in a person's "gross estate" for estate tax valuation. Whether or not you have a beneficiary on the policy makes no difference: it's included either way. So, having a beneficiary on the plan wouldn't actually reduce the value of... View More
Will my mom and children get house at time of death or will it be unsettled till credit card debt is paid
answered on Aug 11, 2015
The answer to your question depends on how the house is titled. If someone owned the house jointly with your spouse as "tenants by the entireties" or "joint tenants with rights of survivorship," that person now owns the property. If the property was titled in one of these two... View More
The father of my boyfriend became admin of my deceased boyfriend's estate. He had no will and courts determined his sole heir was our only child. The admin of the estate sold both cars amounting to a $30k profit. Don't I have the right to that money since moveable property goes to the... View More
answered on Aug 11, 2015
North Carolina's Intestate Succession statute does not make a distinction between "moveable" or "immoveable" property, or give property directly to the mother of an heir. From your description, it sounds like all of the proceeds from your boyfriend's estate are... View More
answered on Jul 29, 2015
Your mother's old will was revoked when she executed her second, current will. However, revoking/destroying her current will would NOT revive her previous will.
Your mother will need to execute a third will that contains the same provisions as her first will, if she wants to go back to... View More
My dad lived in Greensboro, retired to Hilton Head. He had a SC will, with I filed with Beaufort County Probate Court. I filed an Ancillary Estate with the Alamance County Probate Court, specifically for the sale of the house. As Executor, I signed listing agreement and the sales contract. Now at... View More
answered on Jul 29, 2015
Unless the will directly conveys real property to the estate or Executor, title to real property vests in the devisees at the death of the owner. That is why the closing attorney wants the signatures of all the devisees and their spouses on the deed. Typically, proceeds from the sale of the... View More
answered on Jul 29, 2015
I assume that you mean that you want to sell the properties and collect the proceeds. As long as (1) the properties were not owned jointly by your mother and another person (i.e. not as "joint tenants with right of survivorship" or "tenants by the entireties") and (2) you are... View More
answered on Jul 29, 2015
Your brother's estate will not owe any NC Inheritance Taxes if your brother passed away during or after 2013. North Carolina repealed its estate/inheritance tax, effective January 1, 2013.
You probably will not have to pay federal estate tax either. Currently, the federal estate tax... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
