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North Carolina Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning and Elder Law for North Carolina on
Q: Regarding POA/Conservatorship when a person becomes permanently mentally compromised.

My sister and I are the only two children of our elderly father, who has been hospitalized for the past several weeks. He is in a delusional state and the attending psychiatrist has determined that he is unable to make decisions and that it is fairly likely that this problem will exist going... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad's will was never executed probate never happened. He lived in NC, died in SC. Where would probate happen?

Passed in 2021, I just got a copy of the will. My sister was executor, I'm a trustee. My brother sold my dad's land right at 1/2 million, brother took money and bought land and home in brother's name one year before dad's death.

Anthony M. Avery
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answered on Nov 29, 2023

An unexecuted will cannot be probated. Apparently the Father's heirs owned the property. You will need a very good real property litigator in the County of the land to file ejectment, quiet title, etc. actions. All interested parties must be parties. However laches will probably prevent... View More

0 Answers | Asked in Estate Planning for North Carolina on
Q: My MIL has a will and I am the executor. Her husband (not my husband's father) has lifetime rights to the house Can he

get anything else if he has not been identified as receiving anything else? Will his children (not hers) have a right to anything of hers?

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: If my spouse of 17years dies without a will and unmarried what am I entitled to

Unmarried spouse of 17 years dies suddenly without a will. He has a DBA business. After he died his brother helps my mom with arrangements. He ends up taking over the business. Out of good faith my mother hands him every title to every vehicle there is work vehicles included. Well one by one he had... View More

James L. Arrasmith
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answered on Nov 24, 2023

If your spouse passed away without a will, the distribution of their estate, including the business and assets, would be subject to the intestacy laws of the state where you reside. These laws determine how assets are divided among surviving family members in the absence of a will.

As an...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My dad died and he has 4 children but he made a will.with only 2 of us in it.will each of us get a equal.share
T. Augustus Claus
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answered on Nov 10, 2023

In your case, since your father had a will, the court will first look at the will to determine how the estate is to be divided. If the will does not specifically state how the estate is to be divided, then the court will use the intestate succession laws to divide the estate.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Unmarried couple both with adult children couples from previous marriages. Who gets home if we die simultaneously.

I purchased a home in NC with cash and had it titled JTROS with long term partner. At the time (about 6 years ago), it didn't seem like a QTIP was an option since we were not married. I have 2 adult children and she has one adult child from our prior marriages.

My estate package... View More

Ben Corcoran
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Ben Corcoran
answered on Nov 9, 2023

In the event that you die within 120 hours of your partner. Both of you are deemed to have survived the other and your respective interest in the property would pass to your respective beneficiaries. There are exceptions to this rule but that is the basic premise.

0 Answers | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: How.long do I. Have to contest a. Living Trust. In. ga

Mother. Had. I’ll. Feelings. Toward. My. Brother. Had. Multiple. Stokes. And. Was. Told. Prior. To. Death. She. Was. Unresponsive. Trust. Drawn. Up. Oct. 05 2023. She. Passed. Oct. 19. 2023. My. Brother. Put. A. Bug. In. Facility. Ear. Was. Not. Able. To. Communicate. I. Have. Voice.... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: Does a residual estate clause include/cover real property such as a house?

Tangible property is addressed in the will. The will includes a residual estate clause. The house is not specified in the will. Does the residual estate clause cover who the house goes to? There is a beneficiary named for the residual estate.

Anthony M. Avery
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answered on Sep 18, 2023

You will need an attorney to look at the Will and the Deed. But usually a Residuary Clause in a Will includes all the rest and residue of property owned by the Decedent at death. That includes real property.

1 Answer | Asked in Social Security and Estate Planning for North Carolina on
Q: This question is for estate lawyers. How long should it take to receive money from a relative who passed with no SSN?

Can a lawyer to find out the social security number of the deceased to make sure it is the correct one on the death certificate. And if so, how long should it take?

James L. Arrasmith
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answered on Sep 21, 2023

Obtaining a Social Security number (SSN) for the deceased and ensuring it matches the information on the death certificate is crucial for various legal and financial matters. The timeline for this process can vary based on factors such as the availability of records and cooperation from relevant... View More

2 Answers | Asked in Estate Planning and Banking for North Carolina on
Q: Hello, my brother passed away in June of this year. He made me POA of his affairs. I also had a Living Trust

And Living will. My question is how can I close out his bank account to which he added my name to it. The problem is he has a living wife, they had been separated for over twenty years.

Anthony M. Avery
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answered on Aug 31, 2023

The POA is terminated at the principal's death. If you are on the signature card, the funds are probably already your property. The Trust may affect your individual ownership of the bank account, or those monies may never have become Trust Corpus.

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2 Answers | Asked in Estate Planning for North Carolina on
Q: I want to put in place a Power of Attorney that gives my designated agent power only if I become incapacitated.
John Michael Frick
John Michael Frick
answered on Aug 21, 2023

Theoretically possible but unwise.

Your designated agent may have to secure a final adjudication of your incapacity before others will allow them to use your POA. That could be time-consuming, expensive, and defeat the purpose.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: I've been an administrator of my husband estate for 2 years but now there's a will what do I do

My husband told me he destroyed the will and also revoked their poa which I do have proof of

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

File the will and abide by its provisions.

2 Answers | Asked in Estate Planning for North Carolina on
Q: An executor sold estate furniture and buyer put executor name on check. He deposited into estate account. Legal?

The buyer put the executor name on the check and the executor deposited the check into the estate account. The bank did process the check into estate account. Will this pass the clerk of court.

Nina Whitehurst
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answered on Aug 5, 2023

That is very typical and quite legal.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: An executor had a check written to them for the estate and he deposited it into the estate. Is the legal?
T. Augustus Claus
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answered on Aug 4, 2023

In North Carolina, an executor is responsible for managing the assets of the estate and ensuring that the estate's debts are paid, and the remaining assets are distributed to the beneficiaries according to the will or state law.

It is generally not appropriate for an executor to write...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My husband passed away with a lot of credit card debt and medical debt. Am I responsible to pay off that debt?

I was not on any of the credit accounts, nor did I sign anything for the medical procedures. There is no estate. House was in both our names.

Ben Corcoran
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Ben Corcoran
answered on Jul 26, 2023

I highly advise you to hire an attorney and have them assist you in probating the estate. The credit card debt can likely be wiped out by opening the estate. The medical debt will unfortunately likely follow you since spouses are normally liable for the medical debts incurred by their spouse.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: when someone dies what does the estate of mean

who is the representative of the estate. if no one was appointed in a will or POA

Ben Corcoran
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Ben Corcoran
answered on Jul 12, 2023

The POA is void upon death, and the will is what controls who the clerk chooses to appoint. It is ultimately up to the clerk, but they almost always follow the will.

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: Is the Lady Bird deed still recommended in NC and is title insurance a problem?

Primary interest is nursing home protection

Ben Corcoran
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Ben Corcoran
answered on Jul 12, 2023

It is one of the ways to protect the home from Medicaid claims currently. Without a more detailed consultation, I cannot recommend it over any of the other methods.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My sister bought a house. The debt will outlive her. Is her son responsible for her debts when she dies?
Nina Whitehurst
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answered on Jul 10, 2023

Your nephew will not be personally liable for the mortgage when your sister passes. However, if the lender stops receiving payments, the lender will have the right to foreclose.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My stepfather didn't put the house in a trust. Do I inherit the house even if the stepsister never lived here?

I'm in North Carolina, and the state only recognizes biological and adopted children unless otherwise noted on a will or trust. My stepfather's daughter lives out of state and has never lived here. The only time she ever visited was to ask for money. I find it worrisome that the... View More

Ben Corcoran
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Ben Corcoran
answered on Jul 5, 2023

Take all the documents to a local lawyer and get their opinion. This question cannot be answered without a full understanding of all the facts and a review of the documents.

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Probate for North Carolina on
Q: How can I find out if I am the beneficiary of any lost wills or inheritance from family members who have passed

I was told that they was once told that my dad or his dad had left me something in will but was never contacted also I believe I may of been beneficiary of inheritance but believe it was kept from me and possibly taken, how can I find out when I have little information to go on..?

Anthony M. Avery
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answered on Jun 20, 2023

If your Father died without a Will being Probated and owning land, then you as an heir had some interest. But taxes have to be paid, as well as notes, and if not, the land is lost. Check in your Father's County to see if there was a Probate proceeding, and the property tax records.

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