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North Carolina Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for North Carolina on
Q: Is there anything I can do? Please please please help

Mother passed away suddenly her husband is keeping her Living Will from the family he doesn’t want to follow her last wishes in the Will I’m supposed to receive her house I don’t know how to get it from him? I know he wants to stay there even with other property he owns. He won’t give me... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

Hire a probate attorney to file petition to probate the will. The court can order your mom’s husband to turn the will over to the court.

1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Q: My brother is in probate sister removed as mom's guardian. Can I enter the case so I can give the judge a proposal?

My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care. My... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.

1 Answer | Asked in Contracts, Estate Planning, Insurance Bad Faith and Probate for North Carolina on
Q: Wanting to know if I have a case?

My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.

Adam Bull
Adam Bull answered on Jan 22, 2020

This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.

Consult an experienced civil litigation...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: How can I avoid probate of my house in NC upon my death? I'ma widower. Are a Trust or life estate the only options?

All other non-real property is set via POD designations to pass equally to my two adult daughters. My goal is to avoid probate.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You may be able to do a life estate deed. You should consult with an estate planning attorney in your area.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My aunt is in the hospital with a tube breathing for her and her daughter that she doesn't want around showed up.

HerWill and all is at a lawyer office. Who can go get a copy of the will to keep her daughter from taking everything. The paperwork has it started in them that her daughter and a few others are not to be anywhere around

Adam Bull
Adam Bull answered on Dec 22, 2019

A will by itself would not bar daughter from being present as the terms of the will are only in effect up upon death. A health care power of attorney would be necessary. If mom doesnt have one then its probably too late.

1 Answer | Asked in Estate Planning for North Carolina on
Q: preliminary inventory for an Estate, 2 of the Administrators are out of state. Can they sign notarize and scan doc
Ashley Kevitt
Ashley Kevitt answered on Dec 15, 2019

Any documents that need to be submitted to the clerk have to be originals, meaning the documents have to have the original signatures.

Copies or scans will not satisfy that requirement. If they are out of state then they will also need a resident processing agent.

Its best to get...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Who gets my dads estate with no will in n.c.?

My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving kid of... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 12, 2019

When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.

The laws in NC state that if someone dies...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away with no will and no spouse.. i am the only surviving child do I get everything

This is north Carolina btw

Adam Bull
Adam Bull answered on Dec 11, 2019

After payment of any debts, yes.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: Our 33 year old son died 11/10/2019. With the info provided below what is required of us or who do we need to contact?

He has been separated from his wife for over a year. No seperation papers were ever filed. She is in a court mandated drug rehab facility and has been there over a year. He has been living with us because of his financial problems. He had a car which was co-signed by his mother. Other than the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 9, 2019

Only his estate is liable for his bills, not you, except for any bills that you personally guaranteed in writing but you would remember doing that. You don’t HAVE to probate his estate. Failure to probate might leave some things in his name unclaimed and after many years they will be turned over... Read more »

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My mom was named her husbands will. She passed before he did. The Will was never changed. Who inherits what was left her

Also named in the Will are his 2 daughters. My mom was the primary beneficiary of his estate.

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2019

There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to... Read more »

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2 Answers | Asked in Estate Planning for North Carolina on
Q: Are hand written wills legal in North Carolina,
Angela L. Haas
Angela L. Haas answered on Dec 3, 2019

Yes, so long as the entire Will is handwritten by the Testator, and signed by the Testator (the one writing the Will). There is no requirement that it be signed by any witnesses.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: What are they legal repercussions for an attorney who signs estate trust paperwork if the grantor is incompetent?
Nina Whitehurst
Nina Whitehurst answered on Dec 2, 2019

More information is needed. Do you really mean "attorney" as in "attorney at law"? If so, then that would be highly unusual. Perhaps you mean "attorney in fact". An attorney in fact signing trust paperwork on behalf of an incapacitated principal could be perfectly legitimate, depending on the... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for North Carolina on
Q: ... I I was taking care of my elderly Uncle he was taken from me because of false accusations

Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 2, 2019

First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: If one of the heirs to a parent 's estate is deceased, does the widow of that heir inherit or do his children?

Our parent is terminally ill and did not want to change his will after our sibling passed last year. He just wants to be sure someone in that siblings family inherits.

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2019

It is impossible to answer your question without reviewing the will of the parent and also the will of the pre-deceased child.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My son's motorcycle is in his dad's name. He has had ownership of it . Will we have to sell it to pay his dad debts
Nina Whitehurst
Nina Whitehurst answered on Nov 25, 2019

I know you think this is a simple question, but in reality it's not. The answer depends on a lot of things. It depends on what other assets are in the estate. It depends on the validity of claims made against the estate. It depends on whether those claims are still valid or have expired. It... Read more »

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: Why was I disinherited from my granny estate in NC while being PR over my fathers estate in SC I lost out on 50k

I'm from SC my father predeceased his mom he died in SC I'm personal representative over my dad estate but I was sent a notice of probate for my granny estate with my name on it she died interstate secession in north Carolina I contacted the executor in was told the court ordered for child support... Read more »

Adam Bull
Adam Bull answered on Nov 23, 2019

Under NC law illegitimate children cannot take by intestacy. There is a distinction between paternity and legitimation. If your father never went through the formal process of legitimation and didnt leave a will, you cannot do it now.

The laws in each state may differ but the public...
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2 Answers | 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 »

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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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