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North Carolina Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: I was given power of attorney medically for my mother. We resided in same residence as I was caregiver

Her estranged husband has been taking possessions and trying to sell properties PLEASE HELP SHE HAD NO WILL

Nina Whitehurst
Nina Whitehurst answered on Mar 11, 2020

You can hire a probate attorney and get yourself appointed as executor of your mother's estate. You will then have the power of the probate court behind you to demand the return of all of your mother's things so that they can be properly distributed according to the terms of her will or, if she... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do I get property after someone passes
Nina Whitehurst
Nina Whitehurst answered on Feb 20, 2020

The process of retitling assets of a person after he or she passes is called probate. A probate attorney can help walk you through how to do this. Personalized advice cannot be given in this forum. A consultation with a probate attorney is necessary because the process depends a great deal on... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: I live in North Carolina. My uncle just passed and my dad and his brother said I can have the house.

How do I go about getting the house?

Nina Whitehurst
Nina Whitehurst answered on Feb 20, 2020

You have not provided enough information to answer your question. First we need to know who is supposed to inherit the house. Did your uncle have a will? If yes, who is named in the will to receive the house? If no will, did your uncle leave behind a surviving spouse or children of his own?... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: I am a trustee. I incurred $5000 in expenses. I understand that I will be reimbursed for this, but I am also an heir.

As an heir, am I also responsible for a portion of these fees as well, as I am receiving a percentage.

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

The fees come off the top, before distributions to heirs are made

2 Answers | Asked in Estate Planning for North Carolina on
Q: My dad's wife just past. Her will stipulates that he can live there till he dies. Her son changed the locks, Is that

Legal? What can we do?

Nina Whitehurst
Nina Whitehurst answered on Feb 7, 2020

Of course that is illegal if she owned the house and her will left a right of occupancy to your dad but he will have to go to court to prove that all up. Your dad should hire a probate attorney in his area right away.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: My grandmother passed away February 7, 2019. My mother sold her home which they made 50,000. My mother passed away.

I am next in line according to my grandmothers will. My step father is wanting me to sign off on this so he can so call handle her estate. What do I do? I do not want to give up my rights.

Ashley Kevitt
Ashley Kevitt answered on Feb 4, 2020

If your mother inherited the home after your grandmother passes then that was hers to sell and the proceeds were hers to distribute or keep as she saw fit.

Once your mother passed anything in her name goes according to her will instead of your grandmother’s will.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: In regards to intestate succession, how would the non-distinction of half-siblings be interpreted?

Siblings grew up together in one household since birth however one sibling was born out of wedlock (infidelity on the maternal side yet raised by the father as his own). Both parents are dead now (mother died first, father died recently hence the succession) without any wills. Does the sibling born... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 28, 2020

In North Carolina, there is no distinction between half and whole siblings. NCGS § 29-3. Certain distinctions as to intestate succession abolished. In the determination of those persons who take upon intestate succession there is no

distinction:

(1) Between real and personal...
Read more »

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1 Answer | Asked in Estate Planning for North Carolina on
Q: Is there anything I can do? Please please please help

Mother passed away suddenly her husband is keeping her Living Will from the family he doesn’t want to follow her last wishes in the Will I’m supposed to receive her house I don’t know how to get it from him? I know he wants to stay there even with other property he owns. He won’t give me... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

Hire a probate attorney to file petition to probate the will. The court can order your mom’s husband to turn the will over to the court.

1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Q: My brother is in probate sister removed as mom's guardian. Can I enter the case so I can give the judge a proposal?

My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care. My... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.

1 Answer | Asked in Contracts, Estate Planning, Insurance Bad Faith and Probate for North Carolina on
Q: Wanting to know if I have a case?

My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.

Adam Bull
Adam Bull answered on Jan 22, 2020

This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.

Consult an experienced civil litigation...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: How can I avoid probate of my house in NC upon my death? I'ma widower. Are a Trust or life estate the only options?

All other non-real property is set via POD designations to pass equally to my two adult daughters. My goal is to avoid probate.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You may be able to do a life estate deed. You should consult with an estate planning attorney in your area.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My aunt is in the hospital with a tube breathing for her and her daughter that she doesn't want around showed up.

HerWill and all is at a lawyer office. Who can go get a copy of the will to keep her daughter from taking everything. The paperwork has it started in them that her daughter and a few others are not to be anywhere around

Adam Bull
Adam Bull answered on Dec 22, 2019

A will by itself would not bar daughter from being present as the terms of the will are only in effect up upon death. A health care power of attorney would be necessary. If mom doesnt have one then its probably too late.

1 Answer | Asked in Estate Planning for North Carolina on
Q: preliminary inventory for an Estate, 2 of the Administrators are out of state. Can they sign notarize and scan doc
Ashley Kevitt
Ashley Kevitt answered on Dec 15, 2019

Any documents that need to be submitted to the clerk have to be originals, meaning the documents have to have the original signatures.

Copies or scans will not satisfy that requirement. If they are out of state then they will also need a resident processing agent.

Its best to get...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Who gets my dads estate with no will in n.c.?

My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving kid of... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 12, 2019

When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.

The laws in NC state that if someone dies...
Read more »

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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away with no will and no spouse.. i am the only surviving child do I get everything

This is north Carolina btw

Adam Bull
Adam Bull answered on Dec 11, 2019

After payment of any debts, yes.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: Our 33 year old son died 11/10/2019. With the info provided below what is required of us or who do we need to contact?

He has been separated from his wife for over a year. No seperation papers were ever filed. She is in a court mandated drug rehab facility and has been there over a year. He has been living with us because of his financial problems. He had a car which was co-signed by his mother. Other than the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 9, 2019

Only his estate is liable for his bills, not you, except for any bills that you personally guaranteed in writing but you would remember doing that. You don’t HAVE to probate his estate. Failure to probate might leave some things in his name unclaimed and after many years they will be turned over... Read more »

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My mom was named her husbands will. She passed before he did. The Will was never changed. Who inherits what was left her

Also named in the Will are his 2 daughters. My mom was the primary beneficiary of his estate.

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2019

There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to... Read more »

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2 Answers | Asked in Estate Planning for North Carolina on
Q: Are hand written wills legal in North Carolina,
Angela L. Haas
Angela L. Haas answered on Dec 3, 2019

Yes, so long as the entire Will is handwritten by the Testator, and signed by the Testator (the one writing the Will). There is no requirement that it be signed by any witnesses.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: What are they legal repercussions for an attorney who signs estate trust paperwork if the grantor is incompetent?
Nina Whitehurst
Nina Whitehurst answered on Dec 2, 2019

More information is needed. Do you really mean "attorney" as in "attorney at law"? If so, then that would be highly unusual. Perhaps you mean "attorney in fact". An attorney in fact signing trust paperwork on behalf of an incapacitated principal could be perfectly legitimate, depending on the... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for North Carolina on
Q: ... I I was taking care of my elderly Uncle he was taken from me because of false accusations

Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 2, 2019

First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives... Read more »

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