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North Carolina Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Parents have a revocable living trust. Dad deceased and left an RV, solely in his name with a $20,000 lien.

The RV was not in the trust, but there is a pour-over clause in the trust. All bank accounts were jointly owned with survivorship rights. They have all been changed over to mom. After receiving a life insurance policy, she paid the funeral expenses and the lien on the RV. The bank sent her the... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away recently. My mom filed out Application & Assignment of Year's Allowance.

This has been granted through the courts. How does she access this money & what can it be used for?

I don't understand where the money comes from (all that we have listed on the form is cars/boat/personal property). All bank accounts were joint. Is this money that she can get to... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 14, 2022

Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Parents have a trust, but dad never changed titles of property or accounts into the trust. He recently deceased.

Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?

What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2022

You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... Read more »

0 Answers | Asked in Estate Planning for North Carolina on
Q: Can you sue the trust company who is the guardian for mismanagement of the estate ? If so, is that a civil suit?

Lawyer is the guardian of the estate. 1 million dollar is gone in 10 years.

0 Answers | Asked in Estate Planning for North Carolina on
Q: Estate settled over 30 years ago. Balance of estate wound up in NY State unclaimed funds, because executive failure.

Did not make claim or submit paperwork for dispensing money to beneficiaries. I filed for funds and was told only executor may make claim or need a death certificate from executor for me to claim.Had several fruitless conversations with executor regarding my father's estate.

1 Answer | Asked in Estate Planning for North Carolina on
Q: As power of Attorney for a relative who cannot handle her deceased son’s estate, can I name a family member executor?

I have POA over his next of kin, his mother, I need to name a family member executor.

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2022

A person nominates an executor for his or her eventual estate in his or her will. An agent acting under a power of attorney does NOT have the authority to make or amend a will for the principal so, no, you cannot "name" an executor for another person.

Also, understand that a...
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0 Answers | Asked in Estate Planning for North Carolina on
Q: Mom passed in Oct. 2021. Do I need to open an "estate" account or get a Certificate of Apt. if she had no property?

She had 2 bank accounts with me as JROS; 2 Annuities and 3 Mutual Funds with me and my brother as named beneficiaries. She had a will. She lived in Assisted Living and had no personal property other than bed, dresser, clothes (all of which we donated). No house, no car, etc.

All her bills... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Moms estate she passed . In nc do I have to have an estate account opened to pay off mtg

Also what can I do to have funds of proceeds to where I can use for other living arrangements without hurting my disability benefits? With times now can’t afford to loose them. It is in probate now I am the administrator.

Ben Corcoran
Ben Corcoran answered on Dec 9, 2021

You have touched on multiple different topics that would need specific information from you to answer. My advice is to find a local estate planning attorney and talk to them so that they can provide you with a more complete answer that this board could not.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: I’m in need of a lawyer that handles family estates, but I’m unsure of what type of lawyer I would need please advise?
Ben Corcoran
Ben Corcoran answered on Dec 6, 2021

Any lawyer can assist with an estate, however, I would advise hiring one that specializes in estate planning/probate.

1 Answer | Asked in Estate Planning for North Carolina on
Q: I am an Executrix over my brother’s will but he resided in Virginia and I live here in North Carolina.

How do I decline Executrix because of my health and the will was done in 1998. At the time his daughter was a minor but she is an adult and her name is on the will as well. My oldest sister was the actual Executrix but she passed away and then I was next. What do I need to do to decline being... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 29, 2021

You will likely have to post this question in the Virginia section of this site to get an answer. While some attorneys here may be authorized to practice law in both states most are NC only.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do we handle creditors who want the inventory information in order to settle accounts for less than 50%?

We have about 23,000 in the estate account to pay creditors. We are not selling the house willed to us because my husband and I live their with our kids. There is about 53,000 worth of debt. Medical, 1 credit card, and 2 home improvement loans. Some of the creditors wants a debt to asset ratio in... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 15, 2021

This sounds like a very technical question that I couldn't answer without seeing all of the paperwork. My advice is that you get all the paperwork in front of an attorney and let them advise you more completely.

1 Answer | Asked in Estate Planning and Civil Rights for North Carolina on
Q: My grandfather wanted me to have his truck when he past away. And now my grandmother will not give it to me.

He called me to his house about two months before he past away. My grandmother was in the same room in heard the conversation. He wrote out a letter in everything explaining where the truck goes to. So when he past away she put the title in her name, and will not let me have it knowing where her... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 15, 2021

Unfortunately what you are describing is a gift and a gift is not complete until you receive it. Since the title was never transferred over to you you never received the gift. If there are no other facts this is how a court would view this matter.

If your grandfather had left it to you in...
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2 Answers | Asked in Divorce and Estate Planning for North Carolina on
Q: Divorced 2 years ago, wife awarded home in divorce -she never took the house out of my name-she died…no will. Is it stil
Ben Corcoran
Ben Corcoran answered on Oct 21, 2021

Without seeing the divorce decree and your deed I cannot give specific advice. You and your ex-wife likely owned the land in tenancy by the entireties in the deed. And when the divorce was finalized that was automatically converted into tenants in common. So you may be a 50% owner of the property... Read more »

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2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for North Carolina on
Q: My husband has a life estate in the house we are living in. We recently married. If he dies what rights do I have?

Would having a lease agreement between us make it possible for me to remain here for the period of time of the agreement? My concern is being asked to move immediately.

A. Jase Allen
A. Jase Allen answered on Oct 10, 2021

A life estate means he has rights during his lifetime. If he were to pass away, you don't have a life estate too. You may want to get a written agreement with the home owner, like an option to enter into a lease agreement if your husband dies.

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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: What is the best way to handle a home that needs major repairs in an estate?

My father died 08/2018. He left behind a home that was not well taken care of. He owed money on it, and i paid what i could on it from his bank account, but once that ran out, my sister and I paid it off. We have not tried to sell previously because our disabled brother was living there and had... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 29, 2021

It sounds like you and your siblings can agree to sell the house and divide the profits from the sale as you see fit. My guess is also that your role as executor has been completed but I do not know that for certain.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My ex-husband wants me to be executor of his will. Will he need to add a special amendment to his will?
Ben Corcoran
Ben Corcoran answered on Sep 27, 2021

No, you can name anyone you choose to be your executor, it may be slightly out of the ordinary. However, your situation must be much better than many others.

1 Answer | Asked in Estate Planning for North Carolina on
Q: If owner of a real estate property in NC lives in India . How the property owner can sell the property from India?
Ben Corcoran
Ben Corcoran answered on Sep 1, 2021

The simplest method would be using a limited power of attorney authorizing someone local to sell the property in their name.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: First cousin died intestate.I responded.Lawyer wants response stricken cause I'm adopted child of uncle

1st cousin (child of her uncle)

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

If they legally adopted you, you are treated no differently than a biological member of the family under the law. Whether or not you have any rights to your cousin's estate is a separate matter and would turn on how many surviving family members your cousin had.

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: First cousin died intestate I responded.I was listed as intestate heir, a lawyer wants to strike cause adopted

In NC I am adopted 1st cousin

Charles Evan Lohr
Charles Evan Lohr answered on Aug 2, 2021

I would need to see the petition filed by the lawyer to give you a worthwhile opinion. Feel free to contact me.

3 Answers | Asked in Estate Planning and Patents (Intellectual Property) for North Carolina on
Q: My Father passed,how do I find out if there’s anything in he’s estate for my sister and I. Thank you
Kevin E. Flynn
Kevin E. Flynn answered on Jul 20, 2021

This question was presented to attorneys that work on patents (inventions). There is not a legal category for pa r ents.

You may want post this as a probate question as it may be possible that your father did not do estate planning and the default rules will be applied.

This is...
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