Get free answers to your Probate legal questions from lawyers in your area.
It's her and her oldest kids that think everything is theirs
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 
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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?
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.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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..?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Justia Ask A Lawyer is a forum for consumers to get free 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.
