We need help with a probate matter for a deceased family member that died intestate.
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.
Mother. Had. I’ll. Feelings. Toward. My. Brother. Had. Multiple. Stokes. And. Was. Told. Prior. To. Death. She. Was. Unresponsive. Trust. Drawn. Up. Oct. 05 2023. She. Passed. Oct. 19. 2023. My. Brother. Put. A. Bug. In. Facility. Ear. Was. Not. Able. To. Communicate. I. Have. Voice.... View More
My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More
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answered on Sep 22, 2023
You will need to post this under Florida real estate law.
answered on Aug 1, 2023
You should ask this in the SC section of these boards. You will get NC attorneys primarily here.
I was not on any of the credit accounts, nor did I sign anything for the medical procedures. There is no estate. House was in both our names.
answered on Jul 26, 2023
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.
The remaining asset is a life insurance policy $1,000 with no named beneficiary. Funeral expenses were paid for by myself. The death certificate is pending. I don't reside in the state. My grandmother is probably going to file for executor of the estate as she mentioned having to sale land to... View More
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answered on Jul 18, 2023
You could hire a NC attorney to search the title and determine heirship. Then draft and record an Affidavit of Heirship as the heirs' source of title. If Probate occurs, the real property is not part of the Estate unless the administrator tries to force a sale of it to pay creditors. That... View More
who is the representative of the estate. if no one was appointed in a will or POA
answered on Jul 12, 2023
The POA is void upon death, and the will is what controls who the clerk chooses to appoint. It is ultimately up to the clerk, but they almost always follow the will.
My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason... View More
answered on Jun 29, 2023
Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.
I have been told thatI need to get an Attorney as administrator of the Estate due to their being 3 other heirs. I just want to know if that is necessary?
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answered on Jun 23, 2023
No such estate as "joint tenancy". Instead it is either joint tenancy with right of survivorship, or it is tenancy in common. And most likely the latter, where Mother's heirs take one half of the title. Hire a NC attorney to search the title, determine ownership, and advise... 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..?
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answered on Jun 20, 2023
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.
answered on Jun 6, 2023
There are no late fees, the fee is 4 cents for every $10 in assets of the estate. I would generally advise to ask the clerk to tell you how much you owe.
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answered on May 16, 2023
Hire a NC lawyer to draft a Deed for execution and recordation.
Their uncle was the end of the line for that entire family tree. Our mom and their dad are dead. It's really sad. I was actually contacted by someone executing the estate looking for other relatives. There are probably very distant cousins (like shared a common great-great grandparent), but... View More
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answered on Apr 25, 2023
Determining Heirship can be extremely difficult. Sometimes it is best to attempt to include any suspected heirs as parties, then sue unknown parties to Quiet Title to certain properties via publication notice. Hire a very competent NC attorney to represent you against whoever is trying to... View More
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