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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Who gets my dads estate with no will in n.c.?

My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving kid of... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 12, 2019

When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.

The laws in NC state that if someone dies...
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2 Answers | Asked in Estate Planning for North Carolina on
Q: Are hand written wills legal in North Carolina,
Ashley Kevitt
Ashley Kevitt answered on Dec 3, 2019

A hand written will is referred to as a Holographic will.

In North Carolina a Holographic will must be written entirely in the testator's (person executing the will) handwriting. Anything else on the will not in the testator's handwriting will not have any affect on how valid the parts...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for North Carolina on
Q: ... I I was taking care of my elderly Uncle he was taken from me because of false accusations

Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 2, 2019

First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives... Read more »

2 Answers | Asked in Probate and Estate Planning for North Carolina on
Q: I am the executor over my dead mothers land and can my siblings take away what she left me

Several years ago my mom had my ex- husband put up a barb wire fence all the way around the property she was leaving me in the WILL so there wouldn't be a problem after she passed away. Back in 2015 when I had just started dialysis, weighed 80 pounds and honestly felt like I was dying, I could... Read more »

Ashley Kevitt
Ashley Kevitt answered on Nov 13, 2019

The first place to start is to get the original or at least a copy of the Will. If you are the Executor then you are in charge of opening the estate and eventually distributing all of your mother’s assets. The Will will dictate how those assets are to be split and who gets what.

In NC...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Is $60,000 one-year spousal allowance allowed to be deducted before division of estate between beneficiaries per will?

Mother passed away in May. Her will states that "her individual" (not joint) property is to be divided between current husband and 2 adult children from a previous marriage equally. The $60,000 spousal allowance off the top reduces adult children portions making spouses portion that much more.... Read more »

Ashley Kevitt
Ashley Kevitt answered on Oct 30, 2019

I believe you are confusing two separate options. A year’s allowance allows for the surviving spouse to receive the first $60,000 before paying any debts or other beneficiaries (with some exceptions).

The elective share allows for the surviving spouse, within 6 months after the estate is...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My wife's parents have passed on and the oldest sibling was appointed as executor.

This person has informed me that since I am not a sibling, I don't need to be kept informed or asked about anything to do with the estate. Part of the estate is being settled but there are other assets that have a legal difficulty attached to them. This person has stated we, my spouse and I, would... Read more »

Ashley Kevitt
Ashley Kevitt answered on Oct 29, 2019

Since this is your wife's parents it is likely that she is a beneficiary and you may not be, meaning her parents left things to her in their Wills and maybe not to you. If you are not a beneficiary you do not have to be informed of everything going on with the estate. Your wife on the other hand... Read more »

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