Get free answers to your Probate legal questions from lawyers in your area.
In North Carolina, my uncle passed away without a will, and there are no surviving spouse, children, parents, or grandparents. My uncle's siblings are also deceased. I am one of the two nieces, with my brother being the only other nephew. However, my uncle's siblings had three other... View More 
My father passed away in March of this year. Before his passing, he had a case under the Camp Lejeune Justice Act of 2022. The case was filed on 06/11/2025 by his fourth wife, who is the plaintiff. We have a strained relationship with her and her children, and they're trying to exclude me and... View More
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answered on Jun 16, 2025
If your father passed away without a will, the laws of intestate succession in his home state—likely Missouri—will control who has the legal right to his estate, including any Camp Lejeune settlement proceeds. As biological children, you are presumptive heirs under intestate succession, which... View More
My deceased uncle, a veteran, had a fiduciary account managed by the Veterans Administration. There's a significant amount left in his checking account, which has been turned back over to the VA. My brother and I are the only heirs, but we're getting conflicting information from the VA on... View More
answered on Jun 11, 2025
You will need to open an estate to access the funds. There are some time limits that need to be followed.
Evan Lohr
Attorney
I am seeking information on the inheritance and unclaimed property of my uncle, Albert Johnson, who passed away. He adopted me as a legal guardian when I was three years old. The property in question is at 1905 Short Street, Winston-Salem, North Carolina. I wish to explore any unclaimed funds,... View More
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answered on Jun 12, 2025
I’m really sorry you’re going through this, especially when emotions are already heavy after a loss. Since your uncle adopted you as a legal guardian, you may have certain rights when it comes to his estate, depending on whether he left a will. If no will exists, state law will determine who... View More
My husband passed away without a will, and our property deed, which is for our homestead and has no mortgages, was solely in his name. No legal proceedings have been initiated concerning his estate, and he didn't have any significant financial accounts or assets as he hasn't worked in... View More
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answered on Jun 3, 2025
Hire a NC attorney to draft an Affidavit of Heirship. That will determine title and should be filed of record as your source of title. If there are other heirs, then get quit claim deeds from them also., with the AH as listed in the derivation of title clause.
My husband, who was a remainderman on a life estate in Stanly County, NC, predeceased his mother, the life tenant. His brother is the other remainderman. The property is conveyed via a general warranty deed, and my husband was a sole beneficiary with no specific provisions in his will or trust... View More
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answered on Jun 12, 2025
As personal representative of your husband's estate, you have the legal authority to handle his remainderman interest, but you cannot simply add your name to the deed. When your husband predeceased the life tenant (his mother), his remainderman interest became part of his estate and must be... View More
I am in North Carolina and co-owned a vehicle and a property with another person, who has recently passed away without a will. The deceased has heirs, and their law firm is requesting that I pay them the book value of the vehicle so that they can transfer the auto title to the heir's name. The... View More
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answered on May 15, 2025
If the vehicle title in North Carolina was held as “tenants in common,” your co-owner’s share does not automatically pass to you after their death. Instead, their portion becomes part of their estate and must be transferred according to North Carolina probate laws. That’s why the law firm... View More
My husband passed away without a will. He had not been in contact with his daughter for over 30 years, and now she wants half of his estate. We were legally married, and there are no other biological children, but he has two stepdaughters. There is a significant amount of debt, including a mortgage... View More
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answered on May 15, 2025
In North Carolina, if your husband passed away without a will, his estate will be divided according to the state's intestate succession laws. As his surviving spouse, you are entitled to a portion of his estate. Generally, in North Carolina, if there are no children from the marriage, the... View More
I am seeking clarification on the validity of a memorandum for the dispersal of a vehicle (a boat and trailer) to a specific person in North Carolina. The deceased created and signed the memorandum in January 2025, after the will, which was made in 2017. The will includes specific wording that... View More
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answered on May 15, 2025
You're asking a thoughtful and important question. In North Carolina, a memorandum referenced in a valid will can be used to distribute **tangible personal property**, such as jewelry, furniture, or family heirlooms. The will must expressly state that such a memorandum may be used, and it... View More
I am seeking clarification on the validity of a memorandum for the dispersal of a vehicle (a boat and trailer) to a specific person in North Carolina. The deceased created and signed the memorandum after the will, which was made years earlier. The will includes a reference to the use of a... View More
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answered on May 15, 2025
You're asking a very thoughtful question, and it’s great that you’re looking into the details before probate begins. In North Carolina, a memorandum that’s referenced in a valid will can be legally recognized—*but* only for items considered tangible personal property, like jewelry,... View More
My husband was involved in an automobile accident while driving his company car and died on the scene. The other driver did not die but suffered non-life-threatening injuries and a total loss of their $100,000 truck. The police report did not state that my husband was at fault, although it... View More
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answered on May 1, 2025
The auto accident liability case is a potential claim against your husband's estate. Yes, your husband's auto insurance might end up actually paying the claim, but the legal mechanism for presenting claims against a decedent is to file them in the probate case. If you had opened a... View More
I have a mobile home with a title in both my deceased wife's and my name. She passed away 8 years ago, and I have not taken any steps to change the title. How do I go about removing her name from the title?
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answered on May 15, 2025
I’m really sorry for your loss. Taking care of these legal details, even years later, can feel overwhelming—but you’re not alone, and there is a clear path to get it done. In North Carolina, the process to remove a deceased spouse’s name from a mobile home title depends on how the names... View More
My deceased uncle has a bank account with Bank of America in the US, which has been unclaimed for 20 years. I am helping my cousin, who cannot speak English well, to address this matter. My cousin has a single bank account document but hasn't reached out to Bank of America yet. We are unsure... View More
answered on Apr 27, 2025
Check the clerk's office (Estates) in the county where your relative last resided, to see if an estate was ever opened. If so, look to see if the account was distributed. Also, you can check online at NCCASH to see if the money was handed over to the state. If so, you'll need to follow... View More
My mother passed away while in the process of purchasing property in another state. A family member, who was working with her, took advantage of her frail condition to convince her to purchase the property. My mother put money into escrow, but passed away before the sale was finalized. This family... View More
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answered on May 15, 2025
What you’re dealing with is both emotionally and legally complex, and it’s understandable that you want to protect your mother’s wishes and ensure her assets are handled properly. If your mother was the sole source of the escrow funds and the sale didn’t go through, then those funds should... View More
I am trying to understand the process of dealing with a deceased's will that was created in another state. Specifically, North Carolina requires a self-proving will, but I am unsure how to address this since the will was not originally created in North Carolina. What steps should I take to... View More
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answered on Apr 12, 2025
You’re asking a very important and common question, especially when someone passes away in one state but created their will in another. In North Carolina, a will doesn’t have to be self-proving to be valid, but if it’s not, the probate court will usually require extra steps to verify its... View More
My father owned a car and added his new wife's name to the title. After his passing, my brother and I were named as the sole heirs in his will. We believe we are entitled to his half of the car. We offered to buy her out, but she refused and sold the car, keeping the money. We even had an... View More
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answered on Apr 5, 2025
Get a NC attorney to advise about the title if you have a copy. Wife probably owned car at Husband's death. If not, the Will bequests will control if it was probated, and the executor will need to do his job of marshalling assets. If no probate, Will means nothing.
My father died over two years ago, leaving his estate property to my mother through his will. My mother has since passed away without a will, and the estate was left to me and my brother. My brother passed away in September and has one daughter. In this situation, does my brother's share of... View More
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answered on Apr 13, 2025
In North Carolina, when a person passes away without a will (intestate), their share of the estate is typically distributed according to state inheritance laws. Since your brother passed away after your mother, his share of the estate would likely be passed to his heirs, which in this case, is his... View More
Can my husband, who was named in his grandfather's will to inherit land upon his mother's passing, legally sign over life estate rights to someone else before actually inheriting the land from his mother?
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answered on Mar 25, 2025
If the Will was probated then apparently he is vested with a life estate after his Mother dies. But you need a NC lawyer to examine this closely, and search the title, as the Estates, especially contingent future interests, may not be as you think. So if his Estate is as you state, he can... View More
Is there a statute of limitations to contest a prenuptial agreement if the spouse died suddenly in November 2022 without a will? The widow, who is indigent and suffering from severe Alzheimer's, signed the prenup probably in 2017. She has received no compensation, and there are two sons listed... View More
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answered on Apr 12, 2025
In North Carolina, there is no specific statute of limitations for contesting a prenuptial agreement after a spouse's death. However, such challenges must be initiated promptly, as delays can complicate the probate process. If the surviving spouse believes the agreement is unenforceable, they... View More
My father and uncle are the sole survivors of my grandparents' estate. My uncle continued to live in the home after my grandparents passed away, but he died a couple of years ago. Since my husband's death, I have been residing in the home. My father said he wants to quitclaim deed the... View More
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answered on Mar 17, 2025
Hire a NC attorney to search the title, determine heirship and draft a Deed from the heirs over to you individually.
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