Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Probate Questions & Answers
0 Answers | Asked in Family Law, Civil Litigation and Probate for North Carolina on
Q: My mother died this past November, she is owned a home with her husband but to find out, she wasn't on the deed.

It was her money and credit that purchased the house the house is paid for. She had a Will with a beneficiary and Executor who is me, a and property was name as part of her estate

3 Answers | Asked in Probate for North Carolina on
Q: How difficult is it to file a Partition action? We are co heirs of a home and don't get along with 3rd heir. He lives th

My father passed away in Nov, leaving his home equally to 3 children. My difficult brother lives in home and we can't be in the same room without an argument. He literally pulled a knife on us 2 days ago and I had an officer there today. It's volatile.He's lived there rent free... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025

Apparently Probate Court will decide who the devisees are. Then any of the the tenants in common can sue the others for partition. Titled ownership must be determined first.

View More Answers

0 Answers | Asked in Probate for North Carolina on
Q: Are psychiatrists of other states about petitions for court-ordered admissions, involuntary hospitalization, involuntary

commitment, local mental health professionals, local authorities divulge addresses, intitiation of emergency holds, legal counsel and a state?

Is it about all states? Are families of other states about petitions for court-ordered admissions, involuntary hospitalization, involuntary... View More

0 Answers | Asked in Probate for North Carolina on
Q: Is the Interstate Compact on Mental Health about Americans already involuntarily hospitalized or court-ordered admission

and transportation? Or is the Interstate Compact on Mental Health about residents of states and former residents of other states, involuntary hospitalization, involuntary commitment, orcourt ordered admissions of states with other states, families of other states, and psychiatrists of other... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Help needed for Probate in or near Franklin NC Thank you

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.

Shane T. Johnson
Shane T. Johnson
answered on Feb 2, 2025

Sorry for your loss. Give Johnson Legal a call at 910-319-7373 if you still need assistance.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: The question is, do they have any grounds for him to change his mind? - also he is mentally sound just not physically

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label 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.

1 Answer | Asked in Probate for North Carolina on
Q: Who is responsible for paying a mortgage on a house wrapped up in an estate in NC? The estate is in probate.

The house in question is in Washington DC. The probate was first filed in North Carolina, since the deceased's primary residence was in NC. The executor is not paying the mortgage even though there are significant cash assets in the estate. Is the estate responsible for paying the mortgage or... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2024

The beneficiaries are not liable on the note, but take property subject to the note and mortgage/deed of trust. Beneficiaries should file a motion to remove the executor for cause which is detrimental to the Estate. Will may give him discretion on what bills to pay however. Any beneficiary... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: 1) Is the french deed of notoriety sufficient to close the account or do we have to go through probate ?

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

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

Yes, you will need to go through probate.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Am I entitled to any assets or does it go to her heirs?

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.

Shane T. Johnson
Shane T. Johnson
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.

View More Answers

1 Answer | Asked in Probate for North Carolina on
Q: Iam reaching out in the regards of my late mother's property deed, I was the only child being said her power attorn also
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2024

What is your question? The POA terminated at the principal's death.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Does an ex-girlfriend have standing to claim her deceased ex-boyfriend's estate? (Georgia, USA)

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label 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.

1 Answer | Asked in Probate for North Carolina on
Q: My homeless brother was found dead in OK. I live in NC. Since he had no assets is probate required? He has a bank acct

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

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Probate for North Carolina on
Q: Q: Can you move into a deceased home before probate
Ben Corcoran
Ben Corcoran
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.

1 Answer | Asked in Probate for North Carolina on
Q: My father passed. Executor aunt has a will from 1991. I found a will from 2000. Does my will invalidate hers?

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?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Probate for North Carolina on
Q: I have been paying on a piece of property and it was in probate . I have been paying the heir of the property can I take

Possession of property

Ben Corcoran
Ben Corcoran
answered on Apr 17, 2024

You cannot take possession of the property unless the heir(s) execute a deed to you.

1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: My father recently died. His wife died a year ago. He never removed her name from the deed. Will her kids be entitled to

the proceeds from the sale of the house?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Am I responsible for my deceased mother's Medical debt? Can they take her home, deed is in my name, mortgage is in hers

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

Ben Corcoran
Ben Corcoran
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

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: If u and ur sister inherite a house she living in it I'm not can I move in it or can I make her leave it's her and 3 kid

It's her and her oldest kids that think everything is theirs

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Why would my stepsister send me and my siblings a personal property exemption form ....keep all his personal stuff

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

Ethan A. Trice
Ethan A. Trice
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

Justia Ask A Lawyer is a forum for consumers to get 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.