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Questions Answered by Sara W. Harrington
1 Answer | Asked in Estate Planning for North Carolina on
Q: In the state of NC does an Executor to an estate ,bylaw have to inform beneficiaries if they are named in a will
Sara W. Harrington
Sara W. Harrington answered on Jul 31, 2019

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 »

1 Answer | Asked in Estate Planning for North Carolina on
Q: How long does an executor have to file with clerk of court in North Carolina
Sara W. Harrington
Sara W. Harrington answered on Jul 30, 2019

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...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Can I take my dad's SSI payment out of the bank the deposit was on May 31rst 2019 and he passed away on June 13th 2019

I am his administration person through the clerk of courts because he had no will

Sara W. Harrington
Sara W. Harrington answered on Jun 18, 2019

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.

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1 Answer | Asked in Probate for North Carolina on
Q: Is there a database of wills recorded by lawyers?My stepmom now claims there is no will. Before death, a will spoken of.

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 »

Sara W. Harrington
Sara W. Harrington answered on Mar 6, 2019

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 »

2 Answers | Asked in Probate for North Carolina on
Q: Is there an AOC form to petition for an elective share? Form #? Sample petition?
Sara W. Harrington
Sara W. Harrington answered on Jan 16, 2019

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...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: No will, no surviving spouse, all seven children are deceased, they have children, are the children the only heirs?

Deceased own 1 acre land in NC, lived in NC.. Some of the deceased children have living spouses are they entitled?

Sara W. Harrington
Sara W. Harrington answered on Jan 10, 2019

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...
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1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My ex died owing over 25,000 in child support. My son is now 18. He died with nothing, will SSA pay benefits?
Sara W. Harrington
Sara W. Harrington answered on Jan 9, 2019

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...
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2 Answers | Asked in Family Law for North Carolina on
Q: I am the oldest of four adult children to two divorced parents. Am I their closest next of kin?

And can my younger sister who is a RN automatically gain POA or guardianship without the other older siblings input?

Sara W. Harrington
Sara W. Harrington answered on Jan 9, 2019

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...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: What next with NC Assignment of Spousal Years Allowance form?

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 »

Sara W. Harrington
Sara W. Harrington answered on Jan 8, 2019

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 survivorship", the financial...
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1 Answer | Asked in Probate for North Carolina on
Q: Spouse passed away with no will and has lawsuit settlement check coming in. What forms are needed to receive the money?

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 »

Sara W. Harrington
Sara W. Harrington answered on Dec 27, 2018

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...
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1 Answer | Asked in Adoption, Child Custody and Family Law for North Carolina on
Q: How to get custody over a friends child?

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 »

Sara W. Harrington
Sara W. Harrington answered on Dec 26, 2018

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 »

1 Answer | Asked in Probate for North Carolina on
Q: My dad passed with mortgage on house in NC. We can't afford/don't want it. Can the mortg co come after POD account

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 »

Sara W. Harrington
Sara W. Harrington answered on Dec 26, 2018

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...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: What is the process to add a backup personal representative to a will after a loved one's passing?

A relative passed recently and the personal rep is elderly and not in good health. It will be a huge mess if the personal rep passes before settling the estate.

Sara W. Harrington
Sara W. Harrington answered on Dec 26, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Man signs birth certificate,dies,but child not his(DNA test). Can DNA related children keep him from estate inheritance

Can the children of the deceased remove the him from the estate inheritance after DNA proves he isn't family. Girlfriend said he was father so he signed birth certificate.

Sara W. Harrington
Sara W. Harrington answered on Dec 7, 2018

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...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: False DV report to shelter w/ no police report against my deceased dad so she can claim inheritance. Can she do this?

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 »

Sara W. Harrington
Sara W. Harrington answered on Dec 7, 2018

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 designated delivery...
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2 Answers | Asked in Elder Law for North Carolina on
Q: My,mom has land and has a buyer. She has been in the nursing home for 3 1/2 years on medicaid.. Can state take her money
Sara W. Harrington
Sara W. Harrington answered on Dec 26, 2018

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 »

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1 Answer | Asked in Estate Planning for North Carolina on
Q: Father died no Will. Wife & 4 children. Wife says not sharing estate with children. Wife name not on house or cars.

Wife has applied for executor. When do we hire attorney, is it after the 90 days she has been approved executor? What are children entitled to?

Sara W. Harrington
Sara W. Harrington answered on Sep 20, 2018

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 of...
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1 Answer | Asked in Estate Planning for North Carolina on
Q: My father died last week and my brother changed the locks and threw me out of the home where I had been living

I had been living there the last 4 years with my dad and taking care of him. What can I do legally in order to have a place to live?

Sara W. Harrington
Sara W. Harrington answered on Sep 19, 2018

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...
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1 Answer | Asked in Estate Planning for North Carolina on
Q: After the estate is settled and there is a house does it automatically go to the 3 children of the deceased?

If so what legally needs to be done?

Sara W. Harrington
Sara W. Harrington answered on Sep 19, 2018

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.

According to...
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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: how do you find an estate file? what exactly is an estate file?
Sara W. Harrington
Sara W. Harrington answered on Sep 19, 2018

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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