Get free answers to your Estate Planning legal questions from lawyers in your area.
I have an issue with my niece and nephew who are taking advantage of my elderly mother, who has been in the hospital for almost two months and is incapable of making decisions for herself. She gave my niece power of attorney while hospitalized. My brothers and I are being kept from entering her... View More 
answered on Mar 5, 2025
You need to file a petition for guardianship and check the box for an interim guardian. This will get you before a clerk sooner and you will be able to explain the situation. You can also reach out to your county's adult protective services and they may even be willing to help you with that... View More
I have a family member who is wheelchair-bound and incapable of basic self-care. Currently, I have medical power of attorney for them. They have been discharged from two assisted living facilities due to the level of care needed and have had multiple ER visits and lengthy hospital stays. There are... View More
answered on Mar 5, 2025
Unfortunately, the state cannot grant a power of attorney of any type. If you are the agent under the healthcare power of attorney and that family member is incapable of making decisions for themselves, then you are the shot-caller at the present time. The real issue is about finances.... View More
My father passed away, leaving a will stating that everything goes to his wife. There is no real estate involved. They have joint checking and savings accounts, and she is the beneficiary of his annuity. He also has a car solely in his name worth around $19,000. He may have a small medical bill and... View More
The will was breached from the beginning. And the will stated no substitute and he did. Th woman an inside my grandmothers condo the day she died when she was not even family, on the will or anything.
I recently discovered that my great-grandparents had patents, trademarks, and owned over 160 acres of land across 31 states, as per wills, pensions, probate, and land records I have. The inheritance documents state that these assets should be left to all heirs to have and to hold together forever.... View More
Any advice or help appreciated. Parent has passed. I am searching for a lawyer to help me with probate in NC. One real estate property to probate and transfer. Parent had no debt which should simplify the process. Many thanks for your consideration.
answered on Feb 2, 2025
Sorry for your loss. Give Johnson Legal a call at 910-319-7373 if you still need assistance.
My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2024
There may be grounds to set aside the Deed but you probably will not know until sued. Was GM's Will probated? If not, it means nothing. Hire a NC to search the title and determine the present estate, which will be scrutinized if you are sued. Do not hire notaries to draft deeds.
My mother had a bank account in North Carolina. She was a french resident and french citizen. This account is the only asset she had in North Carolina and was not connected to the conduct of a US trade or business. My mother died intestate. I sent the bank a french deed of notoriety ( equivalent of... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
