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Questions Answered by Cheryl R. Watkins, Esq.
1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: What rights does my fathers girlfriend of 15 years have to his estate?

My father passed away with a will stating “all real and personal property” to come to me. But his girlfriend of 15 years (never made legal) wants everything. What rights does she have to the house, cars etc if her name isnt on it?

Cheryl R. Watkins, Esq.
Cheryl R. Watkins, Esq. answered on Feb 10, 2018

Hi there. My condolences for the loss of your father. Estate administration is guided by many bodies of law including: the laws of wills, contract, real property, secured transactions, etc. While there is no way to conclusively answer your question without analysis of your situation, in general,... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: My father passed away and had an LLC small business. How will the LLC impact my mother upon his death

Small construction business LLC. Will his spouse be liable for bills the company had? Is her house in jeopardy to fill company bills such as truck and other items?

Cheryl R. Watkins, Esq.
Cheryl R. Watkins, Esq. answered on Jan 20, 2018

Hello. My condolences for the loss of your dad. The short answer to your question is it depends on the actual terms of the LLC and a host of other factors including co-owners of the LLC, any will, trust, creditors, etc.

Feel free to contact my law office if you seek to retain an attorney...
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1 Answer | Asked in Family Law and Probate for North Carolina on
Q: If my spouse passes away and my name is not on the deed and he has no will. What will happen to the property in NC?
Cheryl R. Watkins, Esq.
Cheryl R. Watkins, Esq. answered on Jan 20, 2018

Hello. To answer your question, I would need more facts. There are many factors which would determine the fate of his property to include, but not limited to, mortgages, other encumbrances, estate creditors, taxes, the existence of property co-owners, the existence of children of the decedent for... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: Father died intestate his new wife wants to disinherit his children from previous marriage.

If no will exists do the real estate deeds determine joint tennancy by entirety? What proves the children are disinherited and the joint tenants were by entireity and not in common? There is no trust some of the records of deeds at one time states shall include grantor and grantee their succesors... Read more »

Cheryl R. Watkins, Esq.
Cheryl R. Watkins, Esq. answered on Jan 20, 2018

It is very difficult to address your question as I would really need to gather more facts here. But I can say, in general, how a decedent's assets are distributed is a very complicated process governed by the law of wills, trusts, intestacy, probate, contracts, and real estate and how those laws... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: Sister died intestate. Her spouse signed renunciation form. Can her eldest son, currently living in UK, be admin?

Or must her son sign a renunciation form as well? If he can be appointed administrator, must he be bonded in US or UK?

Cheryl R. Watkins, Esq.
Cheryl R. Watkins, Esq. answered on Jan 20, 2018

Hello. Here is the law regarding the factors which disqualify someone from serving as an estate administrator:

NCGS § 28A-4-2. Persons disqualified to serve as personal representative.

No person is qualified to serve as a personal representative who:

(1) Is under 18 years...
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