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My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.
answered on Nov 18, 2024
When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.
answered on Oct 23, 2024
They would file an amended Inventory, and the filing fee is relative to the changed assets. The clerk will issue a refund of the original amount paid minus the amendment fee of $15.00. They would need to provide proof of the survivorship (signature card).
My aunt passed away and co-owned vehicles with her sister who survives her. She had a simple will and named a cousin as beneficary. The titles for the vehicles have been transferred to the surviving sister. How is this documented on the above mentioned form?
answered on Oct 21, 2024
You will need to contact a probate attorney. County clerks are very particular and therefore the forms, which do not lend themselves to a simple explanation or answer here, need to be completed correctly.
I want to just file one POA that covers everything including Healthcare decisions
answered on Oct 15, 2024
Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More 
I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.
answered on Sep 21, 2024
There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.
Grandfather left a Will giving 190 acres to his 10 children, equally.
A daughter who had a 20% interest (+10% acquired from as gift from her sis) willed
her 20% to a Church. Does the fact of the Church not being an “Heir” have any bearing or relevance?
Can “True”... View More
answered on Sep 9, 2024
The sister can give whatever interest she has, at her death, to whomever she would like.
answered on Sep 9, 2024
Property can be deeded using a number of types of deeds, which convey different types of interest and or carry different types of warranties. Many deeds on file are incorrect as it is not the Recorder of Deed's job to review recorded records. My recommendation is you contact an attorney to be... View More
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answered on Aug 29, 2024
Hello and thanks for your question. The duration of a partition action in North Carolina can vary based on several procedural steps and statutory requirements. Initially, if the court determines that the petitioner is entitled to relief, it will appoint three disinterested commissioners who must... View More
There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More
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answered on Aug 16, 2024
No claim to estate assets as either a spouse, will beneficiary nor heir. However Decedent's relatives need to hire a GA attorney to start a Probate if there are any decent assets. Quickly... If GF was on a Banking Account, then it will be cleaned out and not an Estate Asset.
answered on Jun 19, 2024
You should have no direct legal liability for debts in your wife's name alone, but assuming that you are a beneficiary of her estate, to the extent that there are assets in her name, those estate debts must be paid before you receive any distribution from her estate.
Confer with... View More
Executor changed named beneficiary of 25yrs to make himself now the named beneficiary, via internet, on Charles Schwab acct. 3 weeks before my dad passed away. Durable POA not filled with registry of deeds in Wake county
answered on May 28, 2024
The answer to your question will hinge upon the Power of Attorney document’s language. Because your father was living at the time of this beneficiary change, the executor would have been acting in his or her potential role as agent under the Power of Attorney.
An agent has a fiduciary... View More
It was mind brother trying to take mom got all timer and brother making decisions for her
answered on May 20, 2024
Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More
Given it is a small estate I don’t have to do notice, but I have received notice/bills from more creditors than is money to pay. Do I pay pro rata? What happens if more creditors show up after I have closed the estate? Who is liable?
answered on May 13, 2024
I don't know who told you that you do not have to publish a notice, but the notice is very important in estates with very little assets but lots of debt. The order in which you pay debts is determined by statute, and each class of debt is paid out pro-rata if there isn't enough to pay the... View More
answered on May 7, 2024
Without seeing the will or lack thereof, I cannot give any legal opinion as to who your brother's heirs may be. Please contact a local attorney for more specific advice.
It was never filed and the estate was never settled. Uncle had no debt. The son ( deceased heir) has outstanding income tax debt. The son’s criminal attorney has uncles will and refuses to release it to family. My mother and aunt (uncles sisters) are now closest living relatives and heirs to my... View More
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answered on Apr 30, 2024
Hire a NC attorney to probate Uncle's Estate. With Letters of Administration, you will be able to demand the will document, which then is administered by the Executor. You still might be the Administrator with Will Annexed. However the devise might not go to you, and you might be only... View More
He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More
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answered on Mar 19, 2024
Hire your own attorney for advice. The titles to all real properties need to be searched. More than likely you will not want convey away your estate in the house.
My mother recently passed away. We transferred her home and car into my name a few months before her death, but the mortgage is still in her name which I have been paying. She did not have any estate. Am I responsible for paying her Medical bills prior to her passing and can they take the house... View More
answered on Feb 15, 2024
Without seeing the actual bills and the deed transferring the property to you, I can't give you an answer. I suggest taking all the paperwork to a local attorney and having them give you specific advice.
The mortgage company will likely require you to get a new mortgage or, if you are... View More
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answered on Feb 22, 2024
Setting up a living trust in Florida as a non-resident solely to avoid state taxes on investments within the trust may not be a viable strategy. While Florida does not impose state income tax on individuals, there are other factors to consider, such as residency requirements and potential tax... View More
I would like to keep my property in my family. If my daughter dies and the property goes to her husband he could leave it to his family in Australia.
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answered on Feb 5, 2024
There are several options. You could make a life estate/remainder deed to your daughter for life, then to someone else at her death. Deeds take effect now with no probate involvement. Contact a competent NC attorney to search the title and execute a transfer to suit you.
My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something
answered on Jan 31, 2024
There are a couple forms she could be trying to get you to sign. It sounds like she's trying to get you to waive your inheritance rights. If your father's wife never adopted you and never made a will, realistically the stepsister gets her property. Why she's trying to get you to... View More
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