North Carolina Estate Planning Questions & Answers
Q: My dad will need assisted living in the near future. In NC can a non-family member purchase the condo
and turn around and sell it to my wife and I to avoid a home getting it to pay for his assistance?
A person’s primary residence isn’t considered a countable asset for Medicaid purposes if they intend to return to the home (this is a very low standard to meet) so owning it wouldn’t impact his eligibility to qualify. Any cash that he received from the sale of the home would count against his... Read more »
Q: Can I sue for my deceased daughter's possessions from husband that I bought her for gifts?
It has been 1 1/2 years since her passing and he has yet to contact me. I sent him a letter requesting certain items, but received no reply. Nothing since her funeral. He has since remarried, and I was told her things were removed from the house. Storage? maybe. I need some closure, as I have... Read more »
Unless she left you something in a will, anything you gave to her as gifts are hers and are part of her estate. You would likely not have any direct claim to them or cause of action to force him to give you anything of hers. Should her husband give you something to remember her by? Likely he... Read more »
Q: In NC, my stepfather revoked an amendment to his trust by writing revoked, dating and initialling. Legal?
Although it depends on the surrounding circumstances, if he was competent and not subject to undue influence or duress the revocation of the amendment would probably be considered valid by a court. You should definitely discuss this further with an attorney.
Evan Lohr
Attorney... Read more »
Q: My sister and I bought property in NC together. The deed reads as "Joint tenants in common with right of survivorship"
My sister and I bought property in North Carolina together. An attorney filed the paper work and the new deed reads "Joint tenants in common with right of survivorship". I understand (matches the situation exactly) the "joint tenants in common". I understand that the ROS keeps the property out of... Read more »
The spouses would not inherit, because the property would pass to the survivor and only the survivor's spouse would inherit (maybe). I say "maybe because I've never of "joint tenants in common with a right of survivorship". It's "tenants in common" or it's "joint tenants with a right of... Read more »
Q: If executor of estate/will does NOT inform 1 of 3 heirs of estate is that illegal?
I've not been informed of estate sale(date) but everything in house is gone. Found out from friend car sold but I've been told nothing. Is this legal? The other 2 heirs are my sister and her son. Sis is executor. What is my recourse on this? Is this breach of contract?
If the executor has been appointed by the clerk of court and probate opened, then an inventory of the property should be filed along with periodic accountings. Please feel free to contact me if you'd like to discuss further.
Thank you,
Evan Lohr
Attorney... Read more »
Q: Can someone from Kentucky have there name on a deed in north Carolina
Yes.
Q: Can this property be passed on to one adult child without complications?
My husband and i purchased a home together recently right before we were married. We have a mortgage on this home. Because I paid the down payment on the home, it is listed on the deed as me owning 60 % and husband owning 40%. I have 3 adult children and he has 2. All of theses adult children are... Read more »
ANY document can be challenged, and most (save an irrevocable trust) can be changed.
The actual planning, particularly when there is a mortgage, can be tricky. I would strongly urge you to consult with a local estate planning / real estate attorney to insure you do things in such a way to... Read more »
Q: I am the probate of my dad's estate he has an SSI check deposited from May 31rst 2019 and he passed on June 13th 2019 ca
Can I withdraw this money being his probate with letters of administration this payment was for June
You can't simply withdraw a check from someone else's account.
FIRST you would need to be appointed as the personal representative by a court
THEN you will need to determine if there are debts -- including debts to Social Security for payments made but not 'earned'
THEN... Read more »
Q: Can I take my dad's SSI payment out of the bank the deposit was on May 31rst 2019 and he passed away on June 13th 2019
I am his administration person through the clerk of courts because he had no will
If he was entitled to the payment at the time it was deposited and you have authority to make the withdraw then - yes.
Q: I have a writ of execution filed by the court against me in florida. I now live and homesteaded in North Carolina.
Both my wife and I are on the deed. No writ is against her. Is our home safe from florida writ? We have 2 vehicles with no lein, both our names on titles. Can they be siezed?
We appreciate your time. Thank you
Your home is safe, so long as it is titled as "tenants by the entirety". Your vehicles could potentially be seized, if you have not properly exempted them. Contact a Florida attorney regarding Florida's exemptions process.
Q: Woman died. Left home to one person until his death then to children after his death. How can children secure interests?
A woman owned a home which was in her name only. In her will, she left the will to her husband for the rest of his life then to their children (she had children from a 1st husband, and he had children from a 1st wife). How can all of the children secure their interests? If the home is put into the... Read more »
You need to take a copy of her Will to an experience probate lawyer. If the property was her separate property at the time she married her new spouse, she kept it separate, and she left him a life estate in it by her Will, then he most likely received from her only a life estate in the property... Read more »
Q: what documents do I need to transfer my house into a Revocable Living Trust ?
I have the Affidavit of Consideration or Value form from Dare Co., North Carolina which is the location of the house. What else will I need to transfer the house into the trust I am setting up?
You will need a deed conveying the property to the trustee. I’m glad to help if you need it.
Thank you,
Evan Lohr
919-348-9211
Evan@lohrnc.com
Q: After a family has passed, can an executor change the way the inheritance from trust is transferred?
The Trust document will dictate how the property passes, after "the family has passed". It will most likely state that it continues to be distributed "per stirpes" or "per capita" or by some other determining measure. If not, take the Trust document to an estate planning or probate attorney to... Read more »
Q: Does an ancillary estate in NC, require a notice to creditors to prove ownership, if the full estate was in SC.
My grandfather passed away in Jan of 2017. I was his only heir. We filed a full estate in SC, where he lived at the time of death and filed two ancillary estates in NC. We were told that was all that was needed to show proof of ownership of the property. Now the real estate agent is asking for... Read more »
N.C.G.S. 28A-26-8 provides that creditors barred by the out-of-state notice are barred in NC, as well. Assuming a certified copy of the out-of-state affidavits of publication and notice are already in the ancillary estate file, I think the quickest solution is to have the agent talk to the closing... Read more »
Q: I have revocable living trust, which was restated 5 years ago, superceding the original trust dated july 10 l998.
I need to change just successor trustees, eliminate any special bequests and a special needs trust. Will simply amending the Restated Trust with new information be legal as a restatement is? Thank you
You should be able to change successor trustees and eliminate special bequests with a trust amendment and restatement. The special needs trust may be more difficult to change depending on the situation. Feel free to contact me if you'd like to discuss more.
Thank you,
Evan Lohr... Read more »
Q: My wife passed, our residence is in NC. She had an account in a bank in SC. Bank won't let me get funds. What now?
Bank told me that I need to be appointed executer of her estate to gain access to her account. No will available.
There are various options you could pursue with the Clerk of Court depending on the value of assets in her estate. I am glad to discuss if you'd like.
Evan Lohr
Attorney at Law
(919)348-9211
evan@lohrnc.com
Q: Mom lived in Va & owned property in NC. I’m the beneficiary & live in Va. What are the steps to transferring to me?
My mother lived & died in Va. The will has been probated in Va without any issues. My brother & I are co-executors to her Estate. We have a letter of qualification from the clerk of court. I live in Va in the same county as her. My brother lives in Ala. We are the sole beneficiaries. She owned a... Read more »
A certified copy of the will and the probate file must be filed with the clerk of court in the county where the real property is located and an order or probate entered there. Depending on the county, there are sometimes es additional steps that must be taken. Feel free to co text me if you need... Read more »
Q: In North Carolina, after death how much time do you have to put an estate through probate?
After the death of a family member, how long does the executor of the estate have to run the estate through probate? Such as, If a person passed away 8 months ago and the estate still has not been put through probate, is that legal?
If an executor hasn't opened an estate after 8 months, then another family member or a beneficiary under the will can apply to have it opened. There are several steps that need to be followed to do it properly. Feel free to call me to discuss further.
Evan Lohr
(919)348-9211
Q: Trying to close estate of my father who died 5 years ago. He died with two assets, an old car and motorcycle in parts.
We sold them to cover cremation and memorial. We have gone to the court four times. The clerk keeps sending us out to get proof we can't get, like registration of car sold to guy in SC. Our mother has a very old joint debt with our deceased father. She has paid 3000.00 to resolve this but they... Read more »
At this point, you probably need to seek assistance from a probate attorney just to get this resolved and the estate closed.
Q: NC Elective Share calculation - Can someone explain the calculation in layman terms?
Essentially, a deceased person could have taken any number of incredibly simple steps legal and / or illegal to ensure his or her surviving spouse gets absolutely nothing upon his or her death but cutting the surviving spouse out of a will is not one of them. So if the surviving spouse is... Read more »
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.
