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My father passed away in May 2024, disinheriting me in a will favoring his half-brother. I believe this was due to undue influence. The court refused my motion for discovery of medical records due to my lack of standing. I’m seeking advice on how to obtain these records and prevent the fast... View More 
My father passed away on May 15, 2024, after battling stage 4 bladder cancer. For the prior three years, I was his sole caregiver, managing his affairs and well-being. Despite repeated assurances I'd inherit as his only child, a will drafted just six days before his death disinherits me,... View More
Ally bank says according to OK laws, probate is required but from what I've been told, it's not necessary here in NC. He had no fixed residence- his address on the death cert says "transient", which the bank has a copy of. Ally won't allow me to close out his account, even... View More
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answered on Jun 18, 2024
If the value of the account is less than $50,000 you should be able to collect it using a small estate affidavit. The bank might even have their own form for that. If they don't a probate attorney in Oklahoma can help you with that.
answered on Jun 11, 2024
In NC, real estate passes outside of probate unless it is needed to pay the estate's debts. Without seeing the estate, I cannot tell who owns the property, but if you are an heir, you can move in. Just know that the other heirs have equal rights to the property.
Also, in the 1991 will, my executor aunt is also a beneficiary. In the 2000 will, she isn't even mentioned. What can I do?
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answered on Jun 10, 2024
You should hire a probate attorney in the state where your dad most recently lived and petition the court to admit the 2000 will to probate.
Possession of property
answered on Apr 17, 2024
You cannot take possession of the property unless the heir(s) execute a deed to you.
the proceeds from the sale of the house?
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answered on Feb 27, 2024
When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More
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
It's her and her oldest kids that think everything is theirs
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answered on Jan 28, 2024
If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More
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
I am 36 years old. My mom passed away many years ago and so did my only brother. Everything of course was then only my stepdads. My stepdad has been my father since I was 5 years old. I consider him my father of course. We’ve always had a great relationship but recently he has been ill and... View More
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answered on Jan 14, 2024
Your stepdad is mistaken and you are right to be concerned. You are NOT in the line of succession. To inherit from your stepdad he would need to name you as the death beneficiary on his financial accounts (an excellent method) AND sign a will that leaves everything to you (for items that do not... View More
My Grandmother outlived my father. As far as my siblings and I were told that his half of the inheritance would be split among us. We are not very close with his brother (my uncle) who is now the executor of the estate. In my fathers will it states that any inheritance that he would receive in the... View More
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answered on Jan 1, 2024
In North Carolina, the probate court oversees the administration of estates to ensure that wills are followed correctly. The executor, in your case, your uncle, has a legal responsibility to administer the estate in accordance with your grandmother's will and relevant state laws.
If... View More
I qualified as Executor on her estate there. I sent the will and all exemplified probate docs to NC. The Clerk issued a Certificate of Probate. Is that all I need to do?
answered on Dec 20, 2023
Without actually seeing what was filed I cannot verify that you have submitted everything you needed to, but it does sound like you have.
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.
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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
Half of my land he passed 7 years ago his and my name are one the mortgage. I kept everything current. Going through probate they say his children are entitled to a portion of my home. Is this correct live in South Carolina
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answered on Nov 27, 2023
You will need a competent SC attorney to search the title and determine heirship. A recorded Affidavit of Heirship will serve as a source of title for the heirs. It sounds like you are not the only heir to land encumbered by a secured debt.
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
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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... View More
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answered on Nov 15, 2023
If the probate office has determined that there is no estate, then technically there is no "estate" to receive mail. However, it is possible that there are still some outstanding matters that need to be resolved, such as closing bank accounts or canceling credit cards. In this case, you... View More
Had stock but named a beneficiary for those.
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answered on Nov 13, 2023
In North Carolina, probate is necessary for handling the estate of a deceased person, but it may not be required for all types of property. If the only assets are personal items like clothes, linens, kitchen utensils, food, cleaning supplies, a mini fridge, cooler, and old TVs, probate might not be... View More
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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.
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
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.
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