Lawyers, Answer Questions  & Get Points Log In
North Carolina Estate Planning Questions & Answers
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.

1 Answer | Asked in Estate Planning for North Carolina on
Q: If some one leaves you a house, but gives the contents of that house to someone else how long can they wait get it
Ben Corcoran
Ben Corcoran answered on Apr 13, 2021

There is no set timeline for abandonment of personal property in NC, in this situation. What you need to do is give the other person a clear timeline, in writing, explaining that they need to remove their property otherwise you are going to treat it as abandoned and dispose of it.

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father passed away last yr. I have a question about the estate and my rights. Can I make my sister move off property

the property was willed to the 3 of us. however my sister has moved into home not paid rent to me or my brother, nor paid the property taxes.

She wont let myself nor my brother on property unless she is there and we still have personal items to be devided between us. She told me I have to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2021

It appears no Probate has occurred, and this might be a good candidate for such a procedure. Probate Administration is expensive and lengthy, but that is probably the only way to really resolve the situation. Hire a competent attorney and do not forget about the taxes, which might be construed... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: What do I need to do In NC if My mother died 10 days ago and I am the only aire?
Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

Depends on whether or not your mother left a will and the size of her estate. If it is a small estate then talk to the local clerk and you can try and handle everything yourself, or if you would feel more comfortable, hire an attorney to assist you in the process.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My brother passed away on 12/25/20. He had no will. My nephew took it upon himself to appoint himself the administrator

I am the only surviving sibling. My nephew is saying he’s entitled to $130,000 and that I will get $40,000 and other nieces and nephews will get $14,000 a piece. I don’t think my nephew should get that much. What can I do ??? I’m seeing a lawyer on 4-12-21. But there trying to wrap things up... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

Wait and talk to the lawyer, under NC law there is a very specific method of how the estate is to be divided. Make sure the lawyer you are speaking to is allowed to practice law in NC.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Is a will enough to make sure if either husband I pass away, the property goes to living spouse? Or must have trust?

We want 100% go to living spouse. Just need to make sure this. We have adult kids and grandchildren. In the event both of us died then we can let them have the asset.

But when one of us died, we want to make sure the living spouse is not left in a limbo and have to leave the house.

Ben Corcoran
Ben Corcoran answered on Mar 31, 2021

Depends on what you mean by property, real property passes outside the estate unless specifically brought into the estate. However, with most married couples the property automatically passes to the surviving spouse by virtue of the deed. Bank accounts and stocks are very similar, where they... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My stepfather passed of a sudden heart attack. He has no will and a mother who is still living so her and my mother have

His real estate property divided 50/50. There is some tractors and farm equipment that were in his possession and he has had ever since his father passed in 2011. Now my question is the brothers now claim all the farm equipment was not my step fathers but instead theirs and have threatened to call... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 30, 2021

You may need to file Probate here if enough assets are present. Administering the Estate will allow the relatives to file Claims Against the Estate if they truly feel they own some of those items of personal property. Hire a competent attorney to talk to you about this. Criminal charges like... Read more »

2 Answers | Asked in Estate Planning for North Carolina on
Q: My father is getting married again. He does not want to change his will he wants it to stay the same.

The new wife says she does not want any of the things he has before her.

But the children wants her to sign something stating that she will not have life time rights to the house or land.

The house property and bank accounts life insurances are willed to children and grand... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Mar 22, 2021

They will both have to sign a pre-nuptial agreement. That is the only way to get her to waive her rights to the spouse allowance and elective share.

View More Answers

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 16, 2021

If I understand this correctly, the current owners are you and your nephew. And your nephew wants to keep his portion of the land.

You really have two options, the first you have attempted, you buy out your nephew, but he has to agree to this option.

The second is that you file a...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My sister died 2/19/21. Her husband died 1/11/21. Both had wills. My sisters will left all to husband.

Since he died before her she left all to her children. She had no children. Who stands to inherit?

Charles Evan Lohr
Charles Evan Lohr answered on Mar 7, 2021

Her parents, if living, then siblings. Contact me at 919-348-9211 if I can help.

Evan Lohr

1 Answer | Asked in Estate Planning for North Carolina on
Q: If a Will is separate from an IRA of a decedent, should the Executor of the Will be giving beneficiaries IRA info?

The Will does not include the IRA. It is separate from the Will. The spouse is the sole beneficiary named in the IRA. The Spouse disclaims a portion of the IRA and the children now are beneficiaries of the portion disclaimed. The Executor of the Will wants to disclose to the children all of the... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 25, 2021

Without reviewing the IRA documents, I cannot answer this question because it depends on the IRA distributions' specific language. By disclaiming a portion of the IRA, you may have placed that portion in the estate. That being said, my first impression is that what is in the IRA or any of the... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: I need help with filling out a AOC 506 form PLEASE
Ben Corcoran
Ben Corcoran answered on Feb 19, 2021

My advice is to hire a local lawyer to assist you.

2 Answers | Asked in Real Estate Law, Divorce, Estate Planning and Family Law for North Carolina on
Q: My husband and I separated July 2020, the mortgage lists both names, am I still financially responsible for late pmts

We both agreed that he was going to keep the house and will refinance it to remove my name. I still pay the HOA fees and the water bill there.

Ben Corcoran
Ben Corcoran answered on Feb 19, 2021

Until your husband refinances, imagine that you cosigned the loan. My suggestion to you is that you should not deed your interest to him until he refinances.

View More Answers

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My mother died this year and left a will dividing everything 50/50 between 2 siblings. Both of us lived with her at time

of her demise. My wife and I paid $500/mo (more than double expenses and brother did upkeep on house and cut grass for his share). He has since told us we can only have access to the basement/bathroom area and are not allowed to use the remaining 1725 sq ft, the double garage, neither storage... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 17, 2021

you need to speak to a local probate attorney, without looking at the documents such as the deed to the property and others we cannot give you specific advice on this forum.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: If ex husband dies and current wife lives in home co owned by me and ex. What rights will new wife have regarding house
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Feb 10, 2021

The answer to that depends on the terms (or lack thereof) of your ex-spouse's will. He could have bequeathed his interest in the property to his new wife, in which case both you and she will own a 50% interest. If he died without a will, his interest in the property will pass pursuant to... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Need advice on how to setup a trust to protect a historic property in PA, owned jointly by me and my brother

I live in NC, my brother lives in MD. Which state would we need to establish this in and what type of trust would we need.

Ben Corcoran
Ben Corcoran answered on Feb 9, 2021

You can choose any of the three states, or even a completely different state. It might be simplest to set up the trust in PA as that is where the property is located, but I do not know PA or MD trust law, so I cannot advise the difference between PA, NC, and MD law.

As to the type of trust,...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My family moved from Nyc to North Carolina. We have a will and proxy written in NYC. Does the move invalidate our will

It’s a fairly simple will, no trusts. The only thing that we’re concerned about is beneficiaries as all their addresses have changed as well as ours. Do you see any issues that might arise?

Angela L. Haas
Angela L. Haas answered on Feb 8, 2021

Moving does not invalidate the Will, and the addresses were to help determine who the beneficiaries are, in the event they are not known (i.e., there are 6 "Todd Smith's" that it could be - it would be the one that lived at that address at the time the Will was executed). So long as... Read more »

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My husband n I live in nc. We lgot married4/210 bought the home 7/2010 he carried mortgage he died 2018 my names notdee

Not on deed No will I paid 71,000, 30,000 we paid for do I own the home

Angela L. Haas
Angela L. Haas answered on Feb 8, 2021

You could file as a creditor to his estate estate, and claim that he was holding it in trust for you, pro-rated to take into account the amount you contributed.

View More Answers

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Me n my husband bought home 2010 got married 2010 he died 2018 my name not on deed who owns house

My name is not on deed in error. No will who owned home his kids or me

Angela L. Haas
Angela L. Haas answered on Feb 8, 2021

Depends on whether he had a Will, how many children he has, and how much debt he has. If he died without a Will, and the house is not needed to pay any of his debt, and he had more than one child, then you own 1/3 and the kids own the other 2/3.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.