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North Carolina Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for North Carolina on
Q: My pops is gifting me land in N.C but it needs to be split in half and put in my name. How do I go about doing that?
Nina Whitehurst
Nina Whitehurst answered on Jul 12, 2020

A lot split is not a do it yourself project. You will need an attorney and a surveyor. I would also recommend an attorney to do the deed correctly.

However, there are very good reasons for not doing lifetime gifts, and your dad should talk to you and estate planning attorney about that.

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: My brother is POA over my family's finances..is it possible for my brother to change finances to suit him better?

My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 11, 2020

Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want.... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father passed away 5/17/20. My stepmother is refusing to let me have anything.

She is keeping his current house and still going on with the $200,000 house they were having built. The land was in his name. I was his only child. She is getting all of the money, the houses, vehicles, everything. All I wanted was a few of his shirts, all of the hunting rifles, shotguns, bows,... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 2, 2020

Since your father had no will, if the estate is divided according to intestate succession, his spouse will receive the first $30,000.00 of personal property, one-half (1/2) of the remaining personal property and one-half (1/2) all real estate. You as the only child will receive one-half (1/2) of... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Boyfriend and I will move into a home that's solely in his name. How does "right of tendency" work (correct term???)?

He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.

Angela L. Haas
Angela L. Haas answered on Jun 29, 2020

He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Adult child dies before parent's will is processed, what happens?

A NC resident dies with a will but the adult child in poor health dies before the will is processed. The child has siblings, a spouse and children of their own.

Angela L. Haas
Angela L. Haas answered on Jun 25, 2020

It depends on what the parent's Will states. In most cases, the property would go to adult child's heirs or the persons/entities the adult child left property to in his/her Will.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Life estate was mentioned in a will, but the deed to the property did not. Which one supersedes?

A will was written out 5 years ago and mentions a life estate to the home. However, 3 years ago a new home was purchased, and a life estate was not placed on the deed on the new home. The estate is now closed, and the tax assessors office reviewed the will and only put the name of the heirs on the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

Apparently the Life Tenant is Adversely Possessing Under Color Of Title against the Remaindermen. After awhile he will own in Fee. Why is a Deed involved when the Probated Will is the source of Title? Who was the Grantor? The Remaindermen can file suit to Quiet Title. What the Tax Assessor... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Who gets the appliances?

My eldest sister passed away. In her will she states, to my brother-n-law, I will my house and land.

to my sister (our sister), I will my jewelry and furniture.

I am the executor of my sister's estate and this has become a big issue. I know when a house is sold, the... Read more »

Angela L. Haas
Angela L. Haas answered on Jun 15, 2020

The attorney is correct. The appliances are considered "personal property" and are not part of the house. The appliances will most likely go to whoever receives the residuary estate (that property which is not otherwise distributed per the Will).

1 Answer | Asked in Estate Planning for North Carolina on
Q: My mother just passed away. I lived at home with her. My father passed away in 2012, and I am the only child.

Will I need to go through probate to continue living in the home? As far as I know, the only debt she may have are hospital bills she incurred in the couple months leading up to her death. There is no will, and I am almost certain that I am the only beneficiary.

Angela L. Haas
Angela L. Haas answered on May 28, 2020

Most likely, you will need to have her estate go through probate, especially since you mention the possibility that there might be another beneficiary. If you are the only child and your mother died without a will, then you are the only beneficiary. Depending on how our mother's home was... Read more »

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My Dad died ..all deeds to property are still in his name _ property fell to my brother & I ..but he won't split propert

My brother wants both properties_ have 2 separate home places_ with land..different deeds fer all property..wants to be difficult splitting property help

Charles Evan Lohr
Charles Evan Lohr answered on May 27, 2020

You should be able to partition the property to divide it equally. Please feel free to call me at the number below if you'd like to discuss further.

Thank you,

Evan Lohr

(919)348-9211

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1 Answer | Asked in Estate Planning, Civil Litigation and Probate for North Carolina on
Q: Can an executor have a deceased person's vehicle towed from someone else's property?

My father passed away and I am his executor and sole heir; my siblings were not granted anything in his will. He died at home, and the police gave his keys to my brother who lives next door. Immediately afterwards, my brother took my dad's truck and put it on his own property. The police... Read more »

Angela L. Haas
Angela L. Haas answered on May 21, 2020

The police won't get involved, as they do not want to be in the middle of interpreting civil documents, unless that civil document is a Court Order. As executor, you have a duty to collect all property and then distribute it. If he won't return the property, or buy it for a fair market... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: If I become my neighbor's estate administrator, can I buy his house?
Angela L. Haas
Angela L. Haas answered on May 15, 2020

Yes, for a fair market value.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My neighbor passed away without a will or heirs. Can I be his personal representative?
Angela L. Haas
Angela L. Haas answered on May 14, 2020

Yes. You may apply to be the administrator of his estate. You will need to obtain a copy of the death certificate, and apply in the Estates Division of the county where he died.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Mother Passed Away

My mother passed away in late February. She DID NOT have a will. She left behind a home on an acre of land. I believe the home and land were in both hers and her husbands names. Her husband, we never got along well, is living there now. I am her only child. Her husband had 2 children from a... Read more »

Angela L. Haas
Angela L. Haas answered on May 13, 2020

Since she did not have a Will, her property would be distributed under the laws of Intestacy. If the home was titled to both as a married couple, the home would be his outright. If not, you would be entitled to 1/2 of it. To initiate the process, you will need to take a certified copy of her death... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My mother passed away a couple months ago. Her husband (4th husband) survived her.

He is now residing in the house on an acre of land. My question is what am I entitled to as her biological son? He has two daughters from a separate marriage who live half way across the country. I believe the home is in both their names. Any information would be appreciated. I want to know my... Read more »

Angela L. Haas
Angela L. Haas answered on May 13, 2020

I am sorry for your loss.

To find the answer to your question, you'll need to find out if she had a Will. If she had a Will, it will dictate what happens to everything she owned. As to the house, this will depend on her Will, and possibly how the house is titled. If it is titled as...
Read more »

2 Answers | Asked in Estate Planning for North Carolina on
Q: My husband passed away with no will, deed in his name, Can money I paid to pay off loan be used to offset value

Stepdaughter is other heir. I also paid for kitchen remodel.

Nina Whitehurst
Nina Whitehurst answered on May 9, 2020

This is not a simple matter, and the timing of when you paid off the loan makes a difference. You really need to hire a probate attorney to help you with this and ensure that you receive your share of your late husband's estate.

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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,... 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

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