I'm the executor and just need to know because she only stated in her will that the sale of home be divided among the children and no one else was listed.
answered on Jan 13, 2023
Normally the interest of your deceased siblings would pass to their children. However, in order to verify that, I would have to review the will and make sure it didn't specify a method for determining the heirs.
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 »
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 »
And living in my daughter's house it took them 5 years to locate me to tell me that I left as beneficiary
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.
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 »
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.
My biological father never changed deed to property nor did my mom who has rights to property
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... Read more »
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 »
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 »
As I don’t dispose of the proceeds?
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.
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
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.
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.
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.
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?
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.
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 »
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 »
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 »
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.
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.
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 »
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.
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.
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 »
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: 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 »
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.
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 »
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.
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 »
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.
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 »
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... Read more »
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