Wake Forest, NC asked in Real Estate Law and Probate for North Carolina

Q: My Father-in-law passed recently and we are trying figure out if we should do the affidavit probate process?

1. Shared property with 2 other siblings (now 1 remaing)

2. His portion of the house was given to ex as part of divorce. Need to verify if that was legally transferred.

3. Deceased sibling has medicaid attempting to reclaim

4. FiL has potential IRS Lien on property

5. Outside of the house the non real property is worth less that $3,000.

It is a mess and we don't want to spend thousands on getting help with an estate that is worth nothing.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Probate Lawyer
  • Knoxville, TN

A: Probate would be giving the house to creditors. Hire a competent attorney to conduct a title search, then draft and record an Affidavit of Heirship. The Heirs take as Tenants In Common subject to the liens and debts. But there are SOL's for execution of such liens, which can expire, rendering the liens unenforceable.

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