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North Carolina Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for North Carolina on
Q: Me and my brother own the house and property that my parents lived in. What are my rights to sell?

Me and my brother own the house and property that my parents lived in. I want to sell him my half but either he can't get the money or won't pay 1/2 of appraisal value. I am the oldest of both of us and I have no desire to keep another house. If he can't buy my part, I suggested to put it up for... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

You can't sell it without his signature. Actually, you can sell just your half with only your signature, but nobody will buy that. If your brother won't listen to reason, then you can force him to sell by going to court but it will be expensive and the cost will come out of both of your shares.... Read more »

2 Answers | Asked in Probate and Estate Planning for North Carolina on
Q: I am the executor over my dead mothers land and can my siblings take away what she left me

Several years ago my mom had my ex- husband put up a barb wire fence all the way around the property she was leaving me in the WILL so there wouldn't be a problem after she passed away. Back in 2015 when I had just started dialysis, weighed 80 pounds and honestly felt like I was dying, I could... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 13, 2019

Then don't let your siblings push you around and hire an attorney.

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2 Answers | Asked in Estate Planning for North Carolina on
Q: Step grandfather passed away but left everything to me and my kids but his niece by marriage has the will. Wont give it

To anyone. How do we go about getting a copy of the will.

Nina Whitehurst
Nina Whitehurst answered on Nov 7, 2019

Hire an attorney to start a probate. Then you can ask the judge to order her to produce the will.

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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Is $60,000 one-year spousal allowance allowed to be deducted before division of estate between beneficiaries per will?

Mother passed away in May. Her will states that "her individual" (not joint) property is to be divided between current husband and 2 adult children from a previous marriage equally. The $60,000 spousal allowance off the top reduces adult children portions making spouses portion that much more.... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 29, 2019

Considering there is a surviving spouse who arguably should have gotten everything, one would think you'd be grateful you are getting anything especially if the amount of potential reduction is a mere $60,000. Of course, if you wanna make sure you grub up as much as possible for yourself - just... Read more »

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My wife's parents have passed on and the oldest sibling was appointed as executor.

This person has informed me that since I am not a sibling, I don't need to be kept informed or asked about anything to do with the estate. Part of the estate is being settled but there are other assets that have a legal difficulty attached to them. This person has stated we, my spouse and I, would... Read more »

Ashley Kevitt
Ashley Kevitt answered on Oct 29, 2019

Since this is your wife's parents it is likely that she is a beneficiary and you may not be, meaning her parents left things to her in their Wills and maybe not to you. If you are not a beneficiary you do not have to be informed of everything going on with the estate. Your wife on the other hand... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: I’m the listed beneficiary for some of my brothers’ accounts, do I have to disperse it among our mom and other siblings

Since our mom is still living and if she becomes the executor since my brother was not married and has no kids, will the accounts I was made beneficiary over have to be disclosed in the estate?

Nina Whitehurst
Nina Whitehurst answered on Oct 29, 2019

If there is evidence that your brother meant for you to distribute the funds among his natural heirs, then that is what you should do. Absent evidence of such, it is presumed that your brother meant for you and you alone to have those funds, and those funds would NOT be part of your brother's... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: my sister in law was killed in an auto accident last November . she did not leave a will so do I have to put her estate?

I told her surviving son to put it in when she was killed and just found out he didn't . She has a surviving daughter in coloroda but she is no help.she also had custody of said daughters 2 kids when she died.Son and girlfriend have spent all monies involded and im not sure what kind of mis going... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 27, 2019

You can hire a probate attorney in NC to help you probate her estate if her children are not taking any steps in that direction. You would petition the court to appoint you as executor. The attorney’s and executor’s fees are paid out of the estate.

1 Answer | Asked in Estate Planning for North Carolina on
Q: I have a piece of land that was inherited from my father and he inherited it from his father. I have searched for a deed

but couldn't find one. I was told there wasn't a deed that it has been past down without a deed. I have been paying taxes on this piece of property for years. I want to have it put in my name, because there are things i want to have done and i can't do it because my hands are tied. I have to have... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Oct 4, 2019

If an estate was opened at the courthouse for your father and his father, then the estate file(s) would indicate how title to the land passed. If estates weren’t opened for either, then you would need to do that to obtain clear title. There are also a couple other options you may have.... Read more »

2 Answers | Asked in Estate Planning for North Carolina on
Q: I was gifted a home in NC. I lived in home for 5 years as primary resi.

If I sale home not to exceed 120,000 and I am single do I have to pay tax on the capital gain or just report it?

Nina Whitehurst
Nina Whitehurst answered on Oct 1, 2019

It sounds like you both owned and resided in the home for the last 5 years. In that case you are entitled to claim the Section 121 capital gains tax exclusion of $250,000, so even if your basis in the home were zero, if you sell it for $120,000 you will have no capital gains tax to pay.

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2 Answers | Asked in Divorce and Estate Planning for North Carolina on
Q: I live in NC. I have been separated from my wife for 7+ years and want to buy a house without her having claim to it.

I would like to purchase a house knowing my wife (separated for 7+ years) will not get it in the eventual divorce.

Melissa Averett
Melissa Averett answered on Sep 25, 2019

You need a divorce, or you need a free trader agreement signed by your wife (this is a document that says both of you can engage in financial transactions as if unmarried), or quit claim deed signed by your wife giving up her interest and the new house. A separation agreement typically contains a... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My deceased father's estate is in probate with a sibling as administrator. My father's residence is not a part of the

probate process, correct? If correct, can the Administrator sell the residence without the signatures of the remaining siblings? Can the siblings have a say so in determining the listing price of the residence and final offer?

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

There is no way to answer your question without knowing exactly how your father's house was titled when he passed. It it was in his name alone when he passed, then it IS part of his probate estate and WILL be part of the probate process. If there were one or more other people on title, then it... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: understand there is NO transfer of deed on death to avoid probate in NC
Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

My understanding is the same, that there is no statutory authority for transfer on death deeds in NC, but just be aware that isn't the ONLY way to avoid probate. There are many other techniques available. Contact an estate planning attorney in your area.

2 Answers | Asked in Estate Planning for North Carolina on
Q: North Carolina will challenge. Do I need to prove BOTH Mental Capacity to make a will AND Undue Influence?

I am pretty sure I can meet the burden of proof for Undue Influence. Mental Capacity I may not be able to defeat.

Can I prevail in North Carolina Law with just the Undue Influence alone to set aside the will?

Charles Evan Lohr
Charles Evan Lohr answered on Sep 19, 2019

No, you can successfully contest a will by proving only undue influence.

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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: How do I protect my interest in a dual inheritance?

When my grandmother passed away, she left the house and land equally to me and my aunt. Instead of selling the house and dividing the proceeds, my aunt has continued to live there since her passing. Currently, my aunt and I are somewhat estranged and I do not know what preparations she has made.... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Sep 13, 2019

There are several options you could pursue, but they will all depend on how the property is titled. Please feel free to call me to discuss further.

Evan Lohr

Attorney at Law

(919)348-9211

evan@lohrnc.com

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Father passed in April 2019. In North Carolina, is my father's residence a part of the probate process? Does the

Administrator of my father's estate have the authority to prevent any beneficiary from accessing the residence? And is the Administrator the final decision maker on the sale price of the residence, and do all the beneficiaries have to agree on the sale price of the residence, along with any... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Sep 2, 2019

The beneficiaries of the estate own any real property located in NC upon the death of the decedent, although the administrator can petition to bring the real property back into the estate if it is needed to pay the claims of creditors or costs of administration. Unless that is the case, the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Father passed in Spring 2019 with a Will and debt free residence. Is the residence separate from the estate which is in

probate as Executor passed before father and no identified successor Executor? Residence was left to be distributed to children.

Nina Whitehurst
Nina Whitehurst answered on Sep 2, 2019

If the residence was in your father’s name then it is part of his estate. The probate court can appoint an executor. Usually a family member petitions the court to be appointed. A local probate attorney can help you with this.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: my father has dementia can I find out if he has a living will and poa

he got sick today had to go to hospital

Angela L. Haas
Angela L. Haas answered on Aug 13, 2019

You could check with the Register of Deeds Office to see if he recorded his Durable POA; however, his physician will have to check with the Secretary of State's Office to see if he registered a Living Will or Health Care POA

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: I'm preparing to close my mothers estate. Do I need to distribute the remains of the estate checking account as well?

There is about 1500.00 dollars left and debts have been satisfied.

Nina Whitehurst
Nina Whitehurst answered on Aug 8, 2019

Yes. Your attorney should be helping you with this.

3 Answers | Asked in Estate Planning for North Carolina on
Q: Hello I was wandering my son passed away from a car accident he was 22 yrs old. Can I be the administrator of estate.

His mother and I are divorced. We live in nc.

Nina Whitehurst
Nina Whitehurst answered on Aug 7, 2019

You would be a natural choice unless his will specified someone else or you have a rap sheet. But ultimately it is for the judge to decide.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: Can I live in my fathers home while I am determined executor of his small estate to keep up the property

He had no will and I am his next of kin. I am just waiting the 30 days to open the estate. I didnt know if I could live in the home to keep up the property while in this process.

Angela L. Haas
Angela L. Haas answered on Aug 1, 2019

If your father lived in NC at the time of his death, then you don't have to wait 30 days to apply to be the Administrator (Personal Representative) of his estate. If you have a key, you may go there and you may live there if it helps to keep the property in good shape. As Administrator, you will be... Read more »

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