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of deeds. Probate rep agreed these were real estate and not included in probate. Final Accting probate rep says they are included since my Mom's will says executor must liquidate remainder of estate, both real and personal, and distribute assets. If they aren't part of probate, then how... View More
answered on May 31, 2022
Without seeing the will, I can't give a definite opinion on the status of the plots. However, generally speaking, real property will always pass outside of probate unless it is either brought back into the estate to pay bills or left explicitly to the executor in trust.
answered on May 17, 2022
Short answer, yes. For the longer answer, the DoR has to complete a couple of steps to attach them, but once those steps have been completed, the liens attach. Consult a local attorney to see if the lien has been attached.
To go through probate or can I continue with the home loan through the bank?
answered on May 12, 2022
Unless the house is specifically mentioned in the will that it is to become part of the estate it does not automatically become part of the estate. The executor of the estate will likely have to join in the sale to release any potential interest the estate has but you should do everything in your... View More
answered on May 11, 2022
You have possession of the home, without reading your lease I strongly suspect that you have the right to be there whenever you want.
Landlord told us May 1st they’re not renewing our lease and we have 30 days to vacate the property so they can put it on the market. They want the house cleaned and ready to list June 1st. Can they start the listing process while we’re still in the home with a valid lease? What rights do we... View More
answered on May 11, 2022
They can start the process whenever they want, but you likely have possession through May 31st at 11:59. They could have sold the house with you still having a valid lease, and all that would have happened was that you changed landlords.
Her will says everything is to be divided amongst the heir according to certain percentages. The heirs have agreed to sell the cabin to me one of the heirs. Is it possible to have the property transferred to the heirs, then I buy it from the heirs? Paying them the percentage that they own based on... View More
answered on May 11, 2022
When your step-mother passed, this cabin went to the heirs automatically. I do not know FL estate laws, but in this case, NC laws govern the transfer of the cabin. A certified copy of the will and some other documents have to be filed in the county where the cabin is located, and from there, the... View More
I believe she is either severely depressed or has the beginnings of dementia
answered on May 11, 2022
If you think that your mother can no longer care for herself, then you need to file for guardianship of your mother. This is not a simple process and I would encourage you to get the help of a local attorney.
answered on May 11, 2022
Depends on the ownership type, but highly likely that it would pass to your children. There are two types of ownership that the land could be under the most common are tenants in common and under that, your kids would inherit. The second is joint with the right of survivorship and in that, your... View More
My sister took a large sum of cash out of a safe after my father’s death. Am I entitled to the 50%?
answered on Apr 21, 2022
Yes and no, the cash would have been an asset of the estate, and you would have to pay an audit fee on it. But that fee is relatively minimal, so you are entitled to almost 50% of the cash.
His aunt is trying to do it but has not gotten the paperwork done yet
answered on Apr 20, 2022
In the first 90 days after death, it is open to heirs only. After 90 days, any interested person can apply to administer the estate. Because the son is incarcerated, he would be disqualified from acting as the administrator, and if an objection is raised, the estate will likely be given to the... View More
Just before my father passed, he and I set up a savings account online with me as a joint owner.
We neglected to add me on the checking account.
The day after he passed, a check auto-deposited in the checking account. Thinking I was joint on both, I transferred the money to the... View More
answered on Apr 18, 2022
The funds in the checking account at the time of death are part of your father's estate. Because this money was transferred after death, it becomes much harder to determine the ownership. To access the account, you will have to go through the probate process and be appointed the personal... View More
My grandfather died without a will and he owns the house and has a sizable bank account not in my name. He has no heirs other than me. What do I need to do to get them in my name. I was adopted by my biological grandma and he was married to her the moment she passed away and continued to raise me.... View More
answered on Apr 14, 2022
There are a couple of questions that will need to be answered before I can give you specific advice. Did your grandfather adopt you as well? And second, are you biologically related to your grandfather? If you can answer yes to either of those questions, you can likely get his assets transferred to... View More
We have issues with our new neighbors as their fence is between our properties and its in a very bad shape, their dogs constantly pushing the boards towards our yard and we're worried they will end up yet again in our yard as they already did before. No civilized communication is possible with... View More
answered on Apr 11, 2022
Without research into your local ordinances and codes, I can't answer whether or not a fence is required. But I would be surprised if it was. However, failure to keep the dogs on their property would likely be considered a trespass and could be punished under criminal or civil sanctions.
I recently told her I wanted her out of the house. She says that she can take it from because I signed a paper stating when me and her mom died she got the house. I just want her and her man out of my house so I can have some peace.
answered on Apr 5, 2022
Without seeing the documents in question I don't know for sure, but it sounds like you are likely the sole owner of the house and you can evict your daughter whenever you want.
How can I get the vehicles off my property with out trying to take claim of them through becoming an administrator of his estate or possibly doing an mvr-317? Can I try to get an abandoned title since they have been on my property longer than 30 days? Can I just have them hauled off at worst? What... View More
answered on Apr 5, 2022
A bond for this small of an estate would be pretty small, additionally, if you are on good terms with your family they can waive the bond. This may be the best way to handle the matter as it will be quicker. Alternatively, you can apply for an abandoned title. Most scrapyards require you to show... View More
Hi, i was pulled over doing 71 in a 55. When his lights turned on i immediately looked at my speedomte and mine said 69. He was also hidden, it was a back road that was pitch black that i have only ever driven on once before, and in the pitch dark out of nowhere his lights turned on and he pulled... View More
answered on Apr 5, 2022
While I don't know what Wiliminton's DA's policy is, it is highly likely that if you hire a local attorney they can plea the ticket down to a level that will not affect your insurance. Generally speaking this costs somewhere between 100-150 and then you have fines and court costs on top of that.
was told today that the children are the only Heir.
In 2019 the elderly mother died with out a will, then in 2020 the adult son, of the mother, died with out a will and in 2021 the elderly father died without a will. there is a surviving widow to the son, and three adult children to the... View More
answered on Apr 1, 2022
Without seeing everything, it is possible that the son did not inherit anything. All of the mother's assets may have passed outside of probate to the father, so the son would not have received anything. Then when the father passed, the widow was not part of the father's estate. The three... View More
I never cause legal problems and I never missed a rent payment. he got mad because I told them they was rude and don't let people talk because they talk all over you. I never cursed at them because they are older. how can someone do this. he is allowing me to stay until the end of my... View More
answered on Mar 31, 2022
Without seeing your lease, I cannot say whether or not your landlord is allowed to terminate your lease. Retain an attorney to review the lease and advise you on your options.
answered on Mar 30, 2022
Without reviewing the documents I cannot give a definitive answer, but as a general rule, a claim against only one party is ineffective against TBE in NC.
We have a nonprofit family association. Land doesn't have deed. Widow of property wants to sell. What are our rights? Cemetery is in NC
answered on Mar 28, 2022
Without reviewing the documents, I couldn't advise you on your options. Please contact a local lawyer to the property and have them review all the documents and give you a full legal opinion.
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