My dad's NC house is paid-off and titled to him. His assets include only the house and household goods. If he died, would the house pass to "immediate family" under NC law, outside of probate? If so, since the assets subject to probate would be $20,000 would that allow the use of an affidavit as... Read more »
In North Carolina, real estate passes to the heirs at the time of death. If there is no will, that is determined by the laws of intestate succession. If there is a will and the real estate was specifically devised to individuals, that would override intestate succession.
If there was no will, the surviving spouse has priority to qualify as administrator of the estate. If there is no surviving spouse, the intestate heirs share equal priority to be the administrator. If you and the other heirs do not want this person to administer the estate, one of you can apply to...Read more »
I have payments for storage, legal fees, accountants, flights/hotels/car rentals (to handle estate), cleaning supplies (for property), utilities/insurance/property taxes(all of which I am not sure I was even allowed to pay, but not sure what to do about it now). I am not sure where these go on the... Read more »
It sounds like you've been doing a lot of the right things, but you could use the assistance of an attorney experienced in estate administration/probate to help you make sure you take care of all the small details that may fall through the cracks. I recommend you contact a local estate attorney for...Read more »
He wasn’t married and my sister isn’t doing anything about it. It’s been 6 weeks and I just found out. What are my responsibilities as his daughter? Or since he’s a ward of the state do I have responsibilities? Should I claim his ashes or do I then force myself into a position of executor?
If your father was a ward of the state, someone should have been serving as his guardian or social worker. You might want to contact the agency who was taking responsibility for him to find out about the disposition of his remains. Also, if he was a ward of the state, there is probably no estate to...Read more »
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