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
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.
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
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
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.
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.
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.
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.
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.
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.
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
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.
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...View More
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.
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
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..?
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.
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.