Get free answers to your Probate legal questions from lawyers in your area.
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 
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
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.
My husband owns a property in North Carolina where his step-dad holds a life estate. When my husband's mother passed away, his step-dad took over the house and allowed a friend to live there rent-free for years. The house has now been vacant for over a year, and it's falling into... View More
I am concerned about the actions of the lawyer appointed by an Ohio court to administer my deceased son’s estate, as my son left no will. He passed away in November 2022, and since early 2023, I informed the lawyer about my son's 401k accounts at Fidelity. Despite this, he has continually... View More
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answered on Mar 5, 2025
You file a motion to remove the personal representative for cause listing your grounds. But be prepared to have someone else ready to take his place, such as yourself represented by a good NC attorney. Be aware alot of those accounts are not Estate assets, but the fiduciary should have... View More
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
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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.
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.
answered on Feb 2, 2025
Sorry for your loss. Give Johnson Legal a call at 910-319-7373 if you still need assistance.
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
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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.
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
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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
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
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.
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.
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answered on Nov 6, 2024
What is your question? The POA terminated at the principal's death.
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
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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.
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
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