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North Carolina Estate Planning Questions & Answers
2 Answers | Asked in Bankruptcy, Estate Planning, Child Support and Collections for North Carolina on
Q: A creditor has a summary judgement against me. I had a lawyer look over exemption paperwork. What's next?

I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

Most likely, yes. Looks like you are judgment proof so they can’t get anything. Just be sure you keep it that way and you should be fine.

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2 Answers | Asked in Bankruptcy, Estate Planning, Child Support and Collections for North Carolina on
Q: A creditor has a summary judgement against me. I had a lawyer look over exemption paperwork. What's next?

I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 13, 2022

If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... Read more »

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1 Answer | Asked in Estate Planning for North Carolina on
Q: My daughter passed away and left me inheritance the lawyers are stealing the property selling my property

And living in my daughter's house it took them 5 years to locate me to tell me that I left as beneficiary

Anthony M. Avery
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Anthony M. Avery
answered on Nov 4, 2022

You may be the sole Heir, and if so, own any real property She had at death. But taxes and debts have to be paid, or the property is lost. Hire a competent NC attorney to search the Title and determine Heirship immediately.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: NC: Coowner left and has given no forwarding information. Now what?

No mortgage; 50/50 owners on title and deed. I’ve several letters and texts, stating she bought the house for my daughter (her grandchild) and me and we never have to worry about being homeless. She bought the house; repairs were shared; all furnishings, appliances, and fencing; bills and taxes I... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 17, 2022

Since it does not appear any debt problems are present, you probably need to do nothing until you want to. Hire an attorney to search the Title to be sure about ownership. When necessary, file suit for a Partition with publication service on her.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Mom died with no legal will have half sister tht is not my biological father's daughter and she was never adopted intitl

My biological father never changed deed to property nor did my mom who has rights to property

Ethan A. Trice
Ethan A. Trice
answered on Oct 17, 2022

This very much depends on what the deed itself says. Based on how the question is worded, it sounds like the deed was in one or both of your parents' names.

How your parents owned the property matters (with the default being tenancy by the entirety for married couples). If both your...
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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Can Real Estate be transferred to the estate even if not specifically called for in the will?

My mom died and left her residual estate to 14 (4 children and 10 grandchildren). Some heirs are ex-pats. It will be easier to handle the sale of a rental property if it is first titled to the estate and then sold - and all heirs agree this can happen. While the will gives the executor (my... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for North Carolina on
Q: I am in NC and executrix of my father’s will. I inherited a home. Can I sell it while under a standstill order as long

As I don’t dispose of the proceeds?

Ben Corcoran
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Ben Corcoran
answered on Sep 19, 2022

Without seeing the order, I doubt any lawyer would be able to advise you on how to proceed. You are likely going to have to pay someone to review it and give you specific advice.

2 Answers | Asked in Bankruptcy, Estate Planning and Probate for North Carolina on
Q: Need to cash a check that has my deceased husband and me on it. Bank won’t accept because it is more then$10,000.

The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 12, 2022

It sounds like the check came from the bankruptcy trustee. Contact the trustee and ask to re-issue the check in your name only. Be prepared to submit the certificate of death for the Trustee's due diligence.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: I purchased a hous with my parent and sister. All four of our names are on the Deed. My parents and sister and now dead.

None of them left a will. Can I have the Deed changed to just my name? I need to make repairs to the house and I would like to get a home equity loan. I paid off the house several years ago.

Ben Corcoran
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Ben Corcoran
answered on Sep 6, 2022

The ownership depends on the language located in the deed, the language in any wills, and the order in which your family members passed. Without all that information, a lawyer will not be able to give you specific answers to your questions.

1 Answer | Asked in Estate Planning for North Carolina on
Q: DO YOU HAVE TO LIST ANY CLOSED BENEFICIARY ACCOUNTS ON AOC-E-505 FOR ESTATE?

I WAS THE BENEFICIARY TO MY DADS ACCOUNTS AND CLOSED THEM OUT AND HE OWNED A HOUSE THAT IS NOW GOING TO AN ESTATE BECAUSE THERE WAS NO WILL. DO I HAVE TO LIST THOSE ACCOUNTS THAT I CLOSED?

Ben Corcoran
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Ben Corcoran
answered on Aug 19, 2022

The house should not be part of the estate unless there are debts to be paid, and yes, you have to list all accounts that were open as of the date of his death.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Late husband and I,both names on deed but I used money from my personal acct for reno. Can I deduct cost from estate?

My husband just passed away and both our name are on the deed. We dont have children together but we both have from previous mariage.

I use money from my personal account( have proof) to finance the down payment and the renovation 2 years ago, because he wasnt work.

Because of the... Read more »

Ben Corcoran
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Ben Corcoran
answered on Aug 8, 2022

If you and your husband were both listed on the deed as husband and wife, then you own the entirety of the house; there is no need to calculate shares. If the two of you were not listed as husband and wife, then I would advise you to file a year's allowance in the estate and use it to increase... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do I have any rights to my grandma's estate?

Do I have any rights to my grandma's estate? Everything was left to her 3 kids with the intention of them including the 3 grandchildren. 2 of the grandchildren are underage so they are automatically included with their respective parent. I'm the only adult grandchild and my parent has not... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jul 26, 2022

Unless you are specifically named in the will, the fact that your parent is still alive means that you likely do not have any right to your grandmother's estate.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My dad is 83 and fixing to married a 51 year old my mom died 3 yrs ago my parents own 6ac is step intilled if dad dies
Ben Corcoran
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Ben Corcoran
answered on Jul 14, 2022

Your dad's new wife would only be added to the property if he made a new deed. Alternatively, if he left her the property in his will, she would get it when he passes.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do I have to pay back my aunt?

My grandmother passed away and will states everything divided between her 3 children. One is my father who died before she did, so I know I inherit his third. My aunt is asking for me to pay her back outside of the inheritance for groceries and household goods and transportation she paid for over... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jul 14, 2022

No, you do not have to pay her back. If she wants to be paid back, the proper channel is by making a claim against the estate.

1 Answer | Asked in Estate Planning for North Carolina on
Q: How long do I have to file after someone’s death for the executor of estate in nc?
Ben Corcoran
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Ben Corcoran
answered on Jul 11, 2022

There is no time limit, however, if you do not apply within 90 days of death then someone else may be able to step in your place.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do we have to go to probate court for all assets on an estate even if we only have questions on a portion of the estate?

My father recently passed away. He did not have a will. My mother is alive and was his legal spouse. Most of the assets are in both of their names. My dad had a life insurance policy on me and one for my sister where he was beneficiary. My mom was not listed on the policies. He had taken out a loan... Read more »

Angela L. Haas
Angela L. Haas
answered on Jun 28, 2022

You don't have to go to court at all, if your mother will be administering his estate. Have her meet with an attorney as to what to do, as the attorney will want to review all assets and debts related to the estate, before giving any definitive answer. If you or your sister intend to... Read more »

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: 1: I want estate ownership moved to a relative

1: I want estate ownership moved to a relative (great nephew). Estate (house and 9 acres).

2: I want to live in house and maintain yard (1 acre) as it is mine.

3: I want not to show any income increase (capital gain, other).

4: Inheritance Will with rights of ownership at... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

It sounds like you need to have a consultation with a lawyer to explain what you want to do and why you are doing it. Because while everything you asked is possible it may not have the effects you intend.

1 Answer | Asked in Estate Planning and Traffic Tickets for North Carolina on
Q: An organization refuses to admit not seeing a sticker on my car for parking, forcing me to pay a “discount”. Legal/Sue?

My apartment complex put a tire clamp on my vehicle because they thought they didn’t see a sticker. I had talked to them about overriding it because it’s there but they claimed the sticker needed to be placed in the front. No instruction was given to me and nowhere on the lease does it... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 13, 2022

Send them a copy of your lease, you are not bound by a term that is not contained in your lease. Politely ask them to remove the jack and waive the fine. If they refuse then threaten legal action.

1 Answer | Asked in Estate Planning for North Carolina on
Q: If my wife had a will prior to our marriage that involved her ex husband, is it now null and void automatically?

Wife has a will that involves others including her ex husband. We have been married for a few years and recently came across this will. As we are married and have been so for 8 years, is this will automatically null and void or does she need to do through something else in order to cancel it. And... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 9, 2022

Depending on the wording of the will, any portion that mentions her ex may be void. However, the best resolution for both of you is that you have new wills drafted. The new will would override the older one and you should be advised on how best to protect your assets going forward.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: When someone dies Intestate and there were children out of wedlock, do they inherit?

My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 7, 2022

Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.

Contact myself or another...
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