Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Gregory Herman-Giddens
1 Answer | Asked in Probate for North Carolina on
Q: As Exec, in NC, can estate funds be used to pay the court fee when filing AOC-E-505 "90-day" inventory, my case @$2000?

If yes, will it be possible (legal) for me, as executor, to sell shares of stock owned by the estate in order to pay the roughly $2,000?

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Jul 19, 2018

Yes, and you may sell assets to raise the cash necessary.

1 Answer | Asked in Probate for North Carolina on
Q: Process for selling a inherited house in NC?

Cty clerk says an inherited house can't be sold until probate & estate account is closed to avoid being taxed .004. With the probate closed, there is no executor. How do the inheritors get the authorization to sell the house? How are the proceeds distributed to the inheritors? Ideally, I, as... Read more »

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Apr 6, 2018

The house can be sold before or after probate is closed. After the estate is closed, the executor is not a necessary party to the sale.

1 Answer | Asked in Probate for North Carolina on
Q: How do I get a Letter of Testamentary? Do I need to hire an attorney?
Gregory Herman-Giddens
Gregory Herman-Giddens answered on Apr 5, 2018

You are not required to have an attorney, although that is certainly recommended. The Clerk of Court in the county in which the decedent lived issues the Letters.

1 Answer | Asked in Tax Law for North Carolina on
Q: NC resident. Sold former primary residence in VA in 2017. Never rental. With which state do I file income tax for 2017?
Gregory Herman-Giddens
Gregory Herman-Giddens answered on Apr 4, 2018

You have to file a VA non-resident return along with an NC resident return.

4 Answers | Asked in Probate for Florida on
Q: Im filing a petition for an Administration for a deceased person who has an ongoing lawsuit. Do I need to file for a

Formal or Summary adminstration and where can I find the necessary papers? There are no other assets.

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Feb 21, 2018

To open a probate proceeding in Florida you must hire an attorney. The attorney will advise you about the type of administration necessary, but it's likely formal administration.

View More Answers

1 Answer | Asked in Probate for North Carolina on
Q: NC - If parents die within a shorth time of each other but have diffrent wills, which one is conrolling?

The father who passed first gives most everything to his wife and 1 child but writes the other child out of the will. The wife, who is expected to pass withinthe next 10- 60 days, her will states her estate is split between the two children.

Both wills do bequeath a pair of antique cars... Read more »

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Feb 13, 2018

For all property owned by the wife at her death, including what was jointly owned property with the husband prior to his death, or passed to her under the husband's Will, the wife's Will will control.

3 Answers | Asked in Probate for Florida on
Q: Mom lived & passed in FL but owned land sold in SD under an installment method. Do we file probate in FL, SD or both

She was a resident in Marion Co for 1 1/2 years. When she passed away only 3 years of the 9 year installment contract was paid. I have a SD attorney and he said I do not need to do the probate in FL only in SD. Is this correct?

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Feb 1, 2018

Since she was a Florida resident, and a promissory note is intangible personal property, her estate should be opened in Florida. If she sold land subject to an installment sale, she does not own the land - she would just have a note and mortgage.

View More Answers

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: My wife and I purchased a house in Florida two years ago from a builder and I have a question about the deed.

It is a special warranty deed in my name and hers (husband and wife) but does not have the phrase "tenents by the entirety " or tenents in common". Nothing other than our two names as buyers. Will she automatically receive the house when I pass without going through probate?

Our wills... Read more »

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Dec 4, 2017

Yes, if purchased as husband and wife, it's considered tenancy by the entirety, and the home will pass to the surviving spouse with no probate required.

View More Answers

1 Answer | Asked in Probate for Florida on
Q: I inherited a house 6 years ago and rented it. Now I want to sell it. Will I have to pay capital gain taxes?
Gregory Herman-Giddens
Gregory Herman-Giddens answered on Nov 22, 2017

If you sell the house for more than it was worth when you inherited it, you will pay capital gains tax on the difference, less any costs of sale. Depreciation must also be recaptured - its is taxed at 25%.

1 Answer | Asked in Tax Law for North Carolina on
Q: I want to buy investment property and sell within 1 year. What tax penalties would my husband and I be looking at?

We are considering flipping a house in Mecklenburg county in NC. We are both employed and make around $150K so I'm afraid the tax penalties may not be worth the time investment.

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Nov 14, 2017

There are no penalties, you just have to pay tax on any net profit at ordinary income rates, since the gain would be short-term.

3 Answers | Asked in Probate for Florida on
Q: My Dad recently passed away he appointed me as his personal representative l live in Florida. Do I need probate atty

My siblings and I agree on everything

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Oct 29, 2017

I'm sorry for you loss. Most likely, as Florida requires that personal representatives hire an attorney. The only reason you would not need one is if all assets go directly to beneficiaries, such as through beneficiary designation for life insurance and retirement accounts.

View More Answers

1 Answer | Asked in Tax Law for North Carolina on
Q: I am transferring to my daughter my home for the price of one dollar. Do I owe an excise tax and amount. NC
Gregory Herman-Giddens
Gregory Herman-Giddens answered on Aug 21, 2017

You do not owe any excise tax, but you are required to file a federal gift tax return reporting the value of the home as a gift. Assuming you have not used your $5.49 million gift and estate tax exemption, no tax will be due.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My Father In Law was married for 5 months before he died but his will specifically leaves everything to his children.

Can his new wife still make a claim or does the will cover this?

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Aug 1, 2017

Yes, unless she waived her rights in a valid prenuptial agreement. Current law for marriage under 5 years is 15%.

1 Answer | Asked in Probate for North Carolina on
Q: In Wake Co., NC, how long does an executor have to finalize a will.

Deceased Jan 2016.

Gregory Herman-Giddens
Gregory Herman-Giddens answered on Jun 23, 2017

The Clerk of Court generally requires that an estate be closed in one year from the personal representative's qualification date, but extensions can be obtained for good cause.

5 Answers | Asked in Probate for Florida on
Q: Can I file probate papers without an attorney in Florida.

My brother died without a will. All he had was a house he bought in 2015 for $37,000 with the owner financing $32,000. He was never married, no children, parents both deceased, and 4 siblings living. He bought the house where him and one disabled brother could live. It was agreed that I would get... Read more »

Gregory Herman-Giddens
Gregory Herman-Giddens answered on May 25, 2017

In Florida, a attorney is required for probate matters. Best wishes in getting the probate completed.

View More Answers

2 Answers | Asked in Probate for North Carolina on
Q: I need to apply for an elective share in Jackson county NC I live in Florida how can I do this

also how do I file for a yearly allowance

wife was a resident as was I of Florida but the executor her daughter lied to courts in NC claiming that

she was a resident of NC and has open the probate in nc what can I do

Gregory Herman-Giddens
Gregory Herman-Giddens answered on May 24, 2017

I'm licensed in FL and NC. You should hire an NC licensed attorney to advise and assist you.

View More Answers

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Mother passed away in 1999, left no will. I had 3 siblings. Hubby and I pay the taxes on the home. Who owns the home?

Oldest brother lived in the home until his death 2 years ago. I have allowed his caretakers(2) to stay in the home basically free of charge. Deed is still in mother's name, taxes come to my home addressed to me. Can I put the house in my name without the consent of my surviving siblings?

Gregory Herman-Giddens
Gregory Herman-Giddens answered on May 22, 2017

You and your siblings own the home, and you cannot transfer it to yourself without consent of your siblings and their spouses, if any.

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: My wife and I are planning on buying a home in Duplin County NC. Is there any downside to my name only on the deed?

I am a US Citizen and my wife is Canadian

Gregory Herman-Giddens
Gregory Herman-Giddens answered on May 2, 2017

Yes. If you get sued, the home is not protected as it would be if it's in both names. Also, if you want her to receive it at your death, it would not automatically go to her.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.