She had not finished paying off the property. Wife is not listed on the lease and there is no will. We do not want the property and are not seeking anything other than to return the property to the owner. Does my wife have any obligations as the next-of-kin and only child?
The Lease With Option To Purchase should be void. Do not file Probate unless there is a very good reason, as the landlord will file a Claim Against the Estate. To be careful, hire an attorney to conduct a title search to make sure about the Lease. Sometimes those Contracts are recorded, and... Read more »
My father had no will but anticipated leaving me everything as he is not married and has no other children. I am the administrator of his estate. The hospital has filed a claim against the estate for $111,000. The sum of his final 7 days on this Earth in the hospital with no insurance. He had no... Read more »
Try working with the hospital to reduce the debt and agree to make regular payments to pay it all off within a reasonable period of time. Hiring a lawyer might help.
Lifetime rights?
Depends on whether there was will or not. If there was no will, the property will pass thru intestate succession laws. Who gets what depends on what family members there are and what there relationship to your spouse was. Even with a will, you can not be disinherited entirely in NC, so the... Read more »
Does she have access to my bank account or is it frozen.
When a person passes without a will or other document that passes property upon death, the property passes through intestacy. That means it is governed by operation of law. A spouse will receive a portion of the property left behind in the estate. The amount of the property the spouse receives... Read more »
A lot split is not a do it yourself project. You will need an attorney and a surveyor. I would also recommend an attorney to do the deed correctly.
However, there are very good reasons for not doing lifetime gifts, and your dad should talk to you and estate planning attorney about that.
My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... Read more »
Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want.... Read more »
She is keeping his current house and still going on with the $200,000 house they were having built. The land was in his name. I was his only child. She is getting all of the money, the houses, vehicles, everything. All I wanted was a few of his shirts, all of the hunting rifles, shotguns, bows,... Read more »
Since your father had no will, if the estate is divided according to intestate succession, his spouse will receive the first $30,000.00 of personal property, one-half (1/2) of the remaining personal property and one-half (1/2) all real estate. You as the only child will receive one-half (1/2) of... Read more »
He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.
He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... Read more »
A NC resident dies with a will but the adult child in poor health dies before the will is processed. The child has siblings, a spouse and children of their own.
It depends on what the parent's Will states. In most cases, the property would go to adult child's heirs or the persons/entities the adult child left property to in his/her Will.
A will was written out 5 years ago and mentions a life estate to the home. However, 3 years ago a new home was purchased, and a life estate was not placed on the deed on the new home. The estate is now closed, and the tax assessors office reviewed the will and only put the name of the heirs on the... Read more »
Apparently the Life Tenant is Adversely Possessing Under Color Of Title against the Remaindermen. After awhile he will own in Fee. Why is a Deed involved when the Probated Will is the source of Title? Who was the Grantor? The Remaindermen can file suit to Quiet Title. What the Tax Assessor... Read more »
My eldest sister passed away. In her will she states, to my brother-n-law, I will my house and land.
to my sister (our sister), I will my jewelry and furniture.
I am the executor of my sister's estate and this has become a big issue. I know when a house is sold, the... Read more »
The attorney is correct. The appliances are considered "personal property" and are not part of the house. The appliances will most likely go to whoever receives the residuary estate (that property which is not otherwise distributed per the Will).
I live in Charlotte NC
No.
Will I need to go through probate to continue living in the home? As far as I know, the only debt she may have are hospital bills she incurred in the couple months leading up to her death. There is no will, and I am almost certain that I am the only beneficiary.
Most likely, you will need to have her estate go through probate, especially since you mention the possibility that there might be another beneficiary. If you are the only child and your mother died without a will, then you are the only beneficiary. Depending on how our mother's home was... Read more »
My brother wants both properties_ have 2 separate home places_ with land..different deeds fer all property..wants to be difficult splitting property help
You should be able to partition the property to divide it equally. Please feel free to call me at the number below if you'd like to discuss further.
Thank you,
Evan Lohr
(919)348-9211
My father passed away and I am his executor and sole heir; my siblings were not granted anything in his will. He died at home, and the police gave his keys to my brother who lives next door. Immediately afterwards, my brother took my dad's truck and put it on his own property. The police... Read more »
The police won't get involved, as they do not want to be in the middle of interpreting civil documents, unless that civil document is a Court Order. As executor, you have a duty to collect all property and then distribute it. If he won't return the property, or buy it for a fair market... Read more »
Yes, for a fair market value.
Yes. You may apply to be the administrator of his estate. You will need to obtain a copy of the death certificate, and apply in the Estates Division of the county where he died.
My mother passed away in late February. She DID NOT have a will. She left behind a home on an acre of land. I believe the home and land were in both hers and her husbands names. Her husband, we never got along well, is living there now. I am her only child. Her husband had 2 children from a... Read more »
Since she did not have a Will, her property would be distributed under the laws of Intestacy. If the home was titled to both as a married couple, the home would be his outright. If not, you would be entitled to 1/2 of it. To initiate the process, you will need to take a certified copy of her death... Read more »
He is now residing in the house on an acre of land. My question is what am I entitled to as her biological son? He has two daughters from a separate marriage who live half way across the country. I believe the home is in both their names. Any information would be appreciated. I want to know my... Read more »
I am sorry for your loss.
To find the answer to your question, you'll need to find out if she had a Will. If she had a Will, it will dictate what happens to everything she owned. As to the house, this will depend on her Will, and possibly how the house is titled. If it is titled as... Read more »
Stepdaughter is other heir. I also paid for kitchen remodel.
This is not a simple matter, and the timing of when you paid off the loan makes a difference. You really need to hire a probate attorney to help you with this and ensure that you receive your share of your late husband's estate.
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