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.... View More

An executor named in a will may, at any time after the death of the testator, apply to the Clerk of the Superior Court in the county in which the testator died, to have the will admitted to probate.

However, if no executor applies to have the will proved within 60 days after the death of... View 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.

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... View More

I believe the form you are looking for is AOC E-100. APPLICATION AND ASSIGNMENT YEAR’S ALLOWANCE

The link is: https://www.nccourts.gov/assets/documents/forms/e100.pdf?AadqAnQqiiRR5QZJyHGqMX0D6VYoY3if

This form allows the surviving spouse to apply for the first $60,000.00 of the... View 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... View 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... View More

You and your siblings are equally related to your parents.

Determining who is given a power of attorney is determined by the person over whom the power will be exercised, if that person is competent and over 18.

If the person is believed to be incompetent and has no durable power... View More

I'm sorry for your loss.

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... View 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... View 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... View 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... View 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... View 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.

Once someone has acknowledged... View More

First of all, I'm very sorry for your loss.

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... View 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... View More

Your father's widow is allowed to claim a spousal allowance of $30,000 immediately. That is designed to help spouses pay bills until the estate is distributed.

If your father had no will, the estate (after the first $30,000 goes to the widow) will be distributed according to the laws... View More

The answer depends on a lot of factors in order to give you an answer to this question. These questions include:

Did your father own or rent the home?

Was there a mortgage?

Was there a will?

How many other heirs are there to the estate?

I suggest you talk to... View 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.... View More

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... View More