Once the estate is filed with the Clerk of Court, the Clerk sends out notices to all the heirs listed in a will. The executor needs to be in contact with the heirs to handle the transfer of property left to them, but the official notice to heirs per statute, comes from the Clerk of Court....Read more »
As the administrator of your dad's estate, you should open an estate account to deposit the SSI check and any other funds owned by your father. From the estate account, you will distribute funds to heirs, pay court fees and pay the bills of the estate.
My father mentioned their will a few times over the years. My Step mom mentioned the will just days before his death. She stated she would get everything. I discovered she closed estate on same day it was filed. She stated no will existed or has been found. Upon my request to see his will, a year... Read more »
There is no database to find out whether someone had a will and, if so, who drafted it. You contact local attorneys' offices, let them know your father is deceased and see if they have a will for him on file. You can also go to the Clerk's office with his death certificate and see if they have his...Read more »
The North Carolina laws of Intestate Succession determine who will inherit when there is no will.
If there is no surviving spouse or children, the next in line are grandchildren. If some of the grandchildren have died before the person of whom you are speaking, then their children would...Read more »
As you know, once a supporting parent has died, future support payments die with him.
However, his estate will owe the past-due amount. Once his estate has been opened for probate you or even state child support enforcement agency may file a claim against his estate with the probate court...Read more »
My wife passed away and I have filed for the Assignment for Spousal Years Allowance with the Clerk of Courts. She has a few hospital bills that need to be paid, will my bank accept the sealed/certified Allowance Form (AOC-100-E) form of will they also require I file for an EIN number? When more... Read more »
You're off to a good start by filing the Spousal Allowance form.
If your wife listed you as the beneficiary (also called TOD or POD) on her financial accounts or if you had a joint account held as "joint tenants with right of survivorship", the financial...Read more »
My mom passed away in November without a will & has a settlement check coming in payable to her name. Her assets are less than the NC $30k spousal years allowance qualifications and I was told we could possibly fill out the Application & Assignment Years Allowance form (AOC-E-100) instead of... Read more »
My condolences to you and your family on the loss of your mother.
Yes, your father can file AOC-E-100 form with the Clerk of Court to get his spousal allowance without having to open an estate. Actually, the allowance has been increased to $60,000, so if there are any other assets such as...Read more »
How to I get coustady over a ex friends child? They are both refusing for me to get her but after December the 19th they get all rights room from them and the child goes to foster care how can I get the little girl so she doesnt go to foster care? Only reason they dont want me to get her is because... Read more »
Because she is already involved in the Social Services system, you can contact Social Services and express an interest in the child being placed with you. You will have a better chance of the child being placed if you agree to take a foster parenting class (called Model Approach to Partnerships in...Read more »
The house is probably only worth what's owed on the mortgage due to slow and flooded real estate market. The rest of the estate consists of a high mileage 2007 vehicle worth about $3k, a utility trailer $200,and household goods/clothing around $500 (yard sale price) and a possible refund from a... Read more »
In order to open an estate, even for a small estate, if the personal representative of the estate does not live in North Carolina, you will need a resident process agent. That can be a trusted friend, but most often it's an attorney.
Regarding the house, I recommend you get an experienced...Read more »
The North Carolina statutes provide for a procedure to replace the executor if the executor dies. It's generally a very orderly process. The will may list successor to the executor or the Clerk may appoint someone. In your case, it sounds like the will listed no successor personal representative....Read more »
When the deceased person signed the birth certificate, he acknowledged that he was the legal, biological father. By signing that and acknowledging his role as father (whether this was under a wrong belief or not) he took legal responsibility for the child.
He passed away last year & had not seen his wife in 4 years. She abandoned him & has been w/ multiple men. She refused to sign divorce papers & went into hiding. After he passed away she has reappeared claiming she only left for a few months & remained faithful but had to leave due to him abusing... Read more »
I'm afraid there is nothing you can do to fight your father's wife's claim. Even though your father could not find your mother to serve her with divorce papers by personal delivery, registered or certified mail, or by a designated delivery...Read more »
This is a more complex question than you may realize and there are other factors to consider that you have not listed. I recommend you find an elder law specialist in your area and consult with them. I agree with Attorney Winblad that what you pay to consult with an attorney could save you much...Read more »
In North Carolina, real estate passes to the heirs on the date of the deceased person's death. Who the real estate is left to is determined by a specific gift of real estate in a will filed with the Clerk of Court's office or it passes under the laws of intestate succession.
An estate file is the collection of documents filed with the Clerk of Court (in the city in which the deceased individual lived or owned real estate) in reference to the administration or probate of the deceased person's estate. These files are kept in a separate area from civil or criminal files....Read more »
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