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North Carolina Probate Questions & Answers
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
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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

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.

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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
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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
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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.

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
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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.

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
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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.

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
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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

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...
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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
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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

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

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Who gets house and everything when stepfather then passes?

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

Nina Whitehurst
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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

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1 Answer | Asked in Probate for North Carolina on
Q: How do the courts ensure a will in North Carolina was followed and the correct people received the property?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Probate for North Carolina on
Q: My mother died in Colorado with a will but owned real property in NC

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?

Ben Corcoran
Ben Corcoran
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.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad's will was never executed probate never happened. He lived in NC, died in SC. Where would probate happen?

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.

Anthony M. Avery
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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

1 Answer | Asked in Probate for North Carolina on
Q: Me and my husband for 14 years bought a modular home. And he needed land in his name to get financing. So I deeded him

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: If my spouse of 17years dies without a will and unmarried what am I entitled to

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

James L. Arrasmith
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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...
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1 Answer | Asked in Probate for North Carolina on
Q: Husband died in June 2023. Probate ofc said no estate necessary. Mail addressed to his "estate"-do I open or return?
T. Augustus Claus
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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

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