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North Carolina Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for North Carolina on
Q: If owner of a real estate property in NC lives in India . How the property owner can sell the property from India?
Ben Corcoran
Ben Corcoran answered on Sep 1, 2021

The simplest method would be using a limited power of attorney authorizing someone local to sell the property in their name.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: First cousin died intestate.I responded.Lawyer wants response stricken cause I'm adopted child of uncle

1st cousin (child of her uncle)

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

If they legally adopted you, you are treated no differently than a biological member of the family under the law. Whether or not you have any rights to your cousin's estate is a separate matter and would turn on how many surviving family members your cousin had.

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: First cousin died intestate I responded.I was listed as intestate heir, a lawyer wants to strike cause adopted

In NC I am adopted 1st cousin

Charles Evan Lohr
Charles Evan Lohr answered on Aug 2, 2021

I would need to see the petition filed by the lawyer to give you a worthwhile opinion. Feel free to contact me.

3 Answers | Asked in Estate Planning and Patents (Intellectual Property) for North Carolina on
Q: My Father passed,how do I find out if there’s anything in he’s estate for my sister and I. Thank you
Kevin E. Flynn
Kevin E. Flynn answered on Jul 20, 2021

This question was presented to attorneys that work on patents (inventions). There is not a legal category for pa r ents.

You may want post this as a probate question as it may be possible that your father did not do estate planning and the default rules will be applied.

This is...
Read more »

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2 Answers | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for North Carolina on
Q: How do I obtain info about my sole proprietorship
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 19, 2021

This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: $83k value intestate estate, $23k to lawyer. Clerk of Court requested lawyer petition for fees. Why is this being done?

Closing out estate after almost 2 years. The overall estate value is $83k with $23k going to the lawyer. Now Clerk of Court is requesting lawyer petition the court for fees. I am supposed to sign a document agreeing to this. Why am I being asked to do this? Is this normal? Is Clerk questioning the... Read more »

Ben Corcoran
Ben Corcoran answered on Jun 22, 2021

Some Clerks across the state require that lawyers petition to get fees paid, others view it as an issue between the executor and the lawyer. This sounds like an example of the first issue, and you have to comply with the Clerk's wishes.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Estate Planning and Probate for North Carolina on
Q: Person leaves land to 2 people. 1 of the people die and its inherited. Can 1 sign it to someone w/o both party's consent

My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2021

It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: What happens in NC when a life estate holder outlives the remainder man listed on the life estate deed?

My grandmother and my father are listed on a life estate deed. The land in the life estate was to go to my father upon her death, but she outlived him. He died without a will. What happens to the land in the life estate since he died before her? He has a wife and 2 sons. His mother is still living.

Nina Whitehurst
Nina Whitehurst answered on Jun 4, 2021

The remainder interest is a part of your father’s probate estate. A probate case is needed to pass it to his heirs. Who inherits depends on whether or not he made a will and what his will said.

1 Answer | Asked in Estate Planning and Civil Litigation for North Carolina on
Q: My stepdad died last year, he did not have a will. Can his two sons taker her to court and sue her?

He left her the money and the cars. One son took her to court already, can he do it again? Also, the middle son is threatening to taker her to court as well. What can she do?

Ben Corcoran
Ben Corcoran answered on Jun 2, 2021

Without seeing the bank account information and car titles I can't guess as to the ultimate outcome of the suits, but you can sue anyone for anything. I am guessing that the bank accounts were joint with right of survivorship accounts and if so then they pass outside of the estate, the car is... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: My friend just died, her husband is deceased, she has 2 daughters. 1 is 20, 1 is 16. Are they over her estate now

I'm asking you this because their aunt and grandma are trying to take over everything. Can they do that?

Charles Evan Lohr
Charles Evan Lohr answered on May 21, 2021

It depends on if your friend had a will. If there is a will, that will dictate who can handle the estate and who the property should go to. If there is not, then the children would be entitled to the property and the 20 year old would have priority to administer the estate. Please feel free to... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for North Carolina on
Q: My Grandfather died in 2007, he was 92 yrs old. His step children took him to change his Will, shortly before his death

My Brother and I were his only Grandchildren. Our Father (his Son), was an only child, died in 1978.

His 1st Will had left his home to my brother and I, which had been that way his entire life!

He had a home, his 3rd wife had a home elsewhere. It was agreed, his property would go... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 21, 2021

If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My father died in 2018 and had a will. I am executor of the estate. I'm still paying the mortgage for the house.

How do I get the mortgage in my name?

Ben Corcoran
Ben Corcoran answered on May 17, 2021

Talk to the bank and get it refinanced into your name, unfortunately, this will cost some money but the bank will likely eventually force you to do this or pay it off fully.

2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I own 1% of my father's house for tax purposes upon death. He wants to transfer house to me now.

Is this allowed? Is there a certain number of years that have to pass for this to be legal and the nursing home not get to claim his house?

Nina Whitehurst
Nina Whitehurst answered on May 12, 2021

Yes, that is legal but it is either a good idea if done right or a disastrous idea if done wrong. If you try to do this yourself you will most likely do this the wrong way if you yourself are not an experienced elder law attorney.

Regardless of how you accomplish the transfer, this will...
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2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »

Ben Corcoran
Ben Corcoran answered on May 7, 2021

It will save your heirs some money if you do so. If there is no beneficiary, all of the assets in the IRA will be subject to the audit fees from the Clerk's Office.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father passed away. He had nothing except a vehicle worth around $3500. He lived in Florida. Me is NC. I want to se

Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.

Ben Corcoran
Ben Corcoran answered on May 5, 2021

You would have to probate in FL, and while there may be some lawyers on here that can practice in NC and FL you will have better luck posting in the FL section.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: my wifes grandmother passed away 4 years ago, she gave my wife the house before she passed, her sister is trying to sue.

so my wifes sister is now trying to sue us for 25000 dollars because she thinks shes entitled to part of the house. the house sits on a rented lot which ive paid for the last 4 years, ive also paid the taxes, paid for all upgrades including new appliances and ac unit, and paid for the upkeep. i... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 29, 2021

Yes, your wife's sister has legal standing to sue. Whether she will prevail or not is an entirely different question, and you did not state any facts on which she might rely. The usual grounds for setting aside a deed would be fraud, misrepresentation, coercion, undue influence and/or elder... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: What happens to vehicles, when land, Inherited in 2011, with said vehicles still on county tax roll, is sold?

The court appointed administrator has not processed the vehicles listed in the estate with the NCDMV. The heirs do not have legal authority to settle the vehicles. They do have ownership of the tract of land and have a contract to sell the land.

Ben Corcoran
Ben Corcoran answered on Apr 23, 2021

You need to talk to the administrator, it is their responsibility to transfer ownership of the vehicles to the heirs. If you do not want to go through the hassle you can leave them there and let the new owner deal with the problem.

2 Answers | Asked in Estate Planning for North Carolina on
Q: Deceased lives in different county than said property but same state do I have to file probate in both counties
Ben Corcoran
Ben Corcoran answered on Apr 21, 2021

Talk to the clerk of the county in which you are handling the closing, tell them you need to transcribe the will over to the other county. They will know what you are talking about and help you through the process.

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1 Answer | Asked in Estate Planning and Family Law for North Carolina on
Q: How would a postnuptial work exactly with a home my grandmother wants to sign over to me?

My grandmother wants to sign over her home to me that is paid for but she wants my husband and I to agree to a postnuptial agreement before she does so because she would not want my husband to touch it in the future. She said she would have to agree to what the postnuptial insisted of exactly... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 15, 2021

You can do a postnuptial if that is what your grandmother requires, or during the conveyance of the property your spouse can join your grandmother and waive all spousal rights to the property. But if those are your grandmother's conditions you can't force her to give you the property.... Read more »

1 Answer | Asked in Family Law, Estate Planning and Probate for North Carolina on
Q: Mother has dementia, I’m hcpoa, brother named executor upon my dad’s recent death...

My question is does my brother legally control all assets and funds due to my mother having dementia?

Ben Corcoran
Ben Corcoran answered on Apr 13, 2021

Depends on the will or lack thereof, also you are the HCPOA but is there a durable POA also in place for your mother? You probably need to take all your documents to a local attorney and get a more tailored opinion.

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