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North Carolina Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for North Carolina on
Q: Do I need a lawyer to execute a will?

I'm executor of my father's will, he has no belongings to speak of as he is in assisted living, and has a couple of bank accounts, he is in failing health with Alzheimer's

Thank you

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 20, 2020

It basically depends on whether you want assurance that it is done correctly. Typically, finalizing things under the circumstances you describe is not too difficult even for a lay person with no legal experience. Best of luck.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: My father died, testate. He was legally separated from his wife in NC and his Will did not include his wife.

His Will listed me as his executor and i have filed probate. His wife have taken possession of his belongings. should i continue paying his rent and other bills while awaiting on a decision from the court even though a decision has not been made by the courts.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 12, 2020

Your father can not cut his spouse completely out of his will. She will be entitled to take what's called an elective share. As to rent, there is no longer a need to pay rent so if you can do so you should likely stop paying any expenses that aren't final expenses. You should consider... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Grandparents lived in SC. But grandfather died in NC in 2014. His will was not in probate. Now to sell the home does wil

G'mother wants to sell home now. Does there need to be a probate? In NC or SC ? Where to begin?

Ben Corcoran
Ben Corcoran answered on Nov 12, 2020

I cannot speak to SC law, but the only reason you would probate in NC would be because your grandfather was living here, or owned property here.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Father gave gift for down payment. Father also co-signed and on deed. Is father entitled to proceeds after sale?

Father gave gift to my wife and I so we can buy a house. Currently the home is under contract for sale and wife and I are currently separated. My father wants his gift back but it was a gift. My father also had to co-sign for the mortgage loan. Would he be able to received the gift back or... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 8, 2020

I would have to review the documents in question to know exactly how this might work. But if the deed was to you, your wife, and your father, as tenants in common, then any sale would be split 1/3, 1/3, and 1/3. As you said, it was a gift, and generally speaking, gifts cannot be recovered. If he... Read more »

2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for North Carolina on
Q: Will a Notorised Affidavit of Withdrawal of Consent and Rescission of Signatures filed void "criminal court" orders ?

I do not consent to being the Nomde Guerre, dead entity or corporate fiction (ens-legis), named in "ALL CAPS" created by legislature, as I am flesh and blood created by God all mighty and live on the land. As all crimes are commercial in nature ,held in bankruptcy court of equity, in... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 5, 2020

No. Listening and following conspiracy theories will not help you avoid criminal charges.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My mother recently passed away and did not have a will. My father passed several years prior to her passing. My brother

and I are the only surviving heirs. The state of NC has placed a lien on her estate to pay back money she received from Medicaid. The bill is almost twice the amount her entire estate is worth. I have paid all bills that I can out of her estate checking account and have no money left. How do I... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 2, 2020

You may have some issues, here. There is a very specific order in which estate bills are to be paid. If there is not enough money to pay the bills then the remaining assets are to be divided among the creditors based on what the statute says. Any remaining claims against the estate are released and... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Can I fill the papers out myself to contest a WILL. Attorney I spoke with said I have a good case but wanted 2500 down

I cant afford that much.the original will was untouched for 40 years weeks before my dad passed my brother betrayed me printed new will had my dad sign basically on death bed. I went and got copies of original will and copies of deeds of property that was left to me from my mom not dad. I can prove... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 21, 2020

You CAN, of course. There is nobody stopping you. But you will most likely get better results if you hire an attorney. Always hire a professional. Trying to do this without an attorney is like trying to perform surgery on yourself. Yes you CAN. But it might not be the best idea.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Does a will have to be notarized in NC if it has 2 witnesses when signed?
Ben Corcoran
Ben Corcoran answered on Oct 20, 2020

For it to be self-proving, then yes, it must be notarized. I highly recommend that you make your will self-proving as it saves time for your family when something happens to you. I also recommend that you employ an attorney to draft the will as many online versions are minimally sufficient at best... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: GirlFriend and I bought a house for 280K. Paid 50-50, joint ownership 50-50. If I gift house to GF is there tax issue?

1) Will there be tax liability if I gift the house to GF? Tax liability for either GF or me?

2) Is it possible to gift part of the house annually? For example 10% first year, 20% second year and so on and 5 years later, she owns the complete house?

Nina Whitehurst
Nina Whitehurst answered on Oct 17, 2020

At the present time the gift tax exemption is more than $11 million per person. You could gift your entire share to her all at once and not incur any gift tax as long as that gift plus prior gifts made by you in the past do not exceed $11 million in the aggregate.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My parents died within 24 hours, my dad first my mom 2nd. Which will do we abide by? Also one of my siblings

Is deceased and our parents wills only name each other as heirs. Does estate flow to living siblings equally?

Nina Whitehurst
Nina Whitehurst answered on Oct 16, 2020

The simple answer is you abide by both, usually, but in reality this question cannot be answered completely without reviewing the wills. For example, your dad might have left things to your mom but only if she survived him by a certain number of days. If she did not survive that long, then she... Read more »

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1 Answer | Asked in Estate Planning for North Carolina on
Q: Does the executor have to be a resident of NC, if the will is in NC
Ben Corcoran
Ben Corcoran answered on Oct 15, 2020

No, but you will likely have to post a bond. Many clerks require bonds from out of state executors. If you are planning on doing this, I highly recommend hiring a probate attorney to handle the case as it will greatly reduce the amount of work you would have to do.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My mother has 12 children we all signed to close her estate except 1 child. What happens, Can the estate still be close?

All 12 children signed to opened estate n my brother is the executive. Only 1 Sibling refuse to sign the closing document of the estate because things didnt go their way... What happens

Ben Corcoran
Ben Corcoran answered on Oct 13, 2020

Talk to the clerk; they have likely handled this situation many times before and would be willing to close the estate or do something else to allow you to close the estate. They don't want the estate open any longer than you do.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My brother passed away this year, I’m his only sibling, I had the power disconnected, refund check was mailed can I cah

Can I cash it legally?? No will was left, all the mess has been dumped on me to handle. No lawyers are involved either

Ben Corcoran
Ben Corcoran answered on Oct 8, 2020

If you have living parents, and he had not children then all the money would go to your parents before it went to you. Normally you would be required to put the money in an account for the estate and the clerk would oversee it. Contact the local clerk's office as they are the ones that oversee... Read more »

Q: I want to avoid having the trees that separate my yard and my neighbor's yard cut down or removed. Is there a way?

They've been there for well over 50 years now and they provide shade and privacy for our yard. We haven't had any issues until new city folk came in and started disturbing land and removing things around the tree line. I just want to keep the trees.

Ben Corcoran
Ben Corcoran answered on Oct 6, 2020

It depends on whose side of the line the trees are on. If the trees are on their property, they can remove them, and there is nothing you can do about it. If the trees are on your property, then they are not allowed to interfere with your property.

If you have any questions about where the...
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1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: My father and his wife both recently died in North Carolina with no original will, and lots of debt. What happens next?

They were renters and the rental company is calling us to pay the rent and remove their things. My brother and I live out of state and don't want to get involved because my stepmom had HUGE debt and they don't really have anything of value to offset the debt. What happens now? Will the... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 5, 2020

If you do not pick up the personal property, then the management company will probably have everything be declared abandoned and dispose of it how they see fit.

Without knowing how all the debts were listed, I can't tell you if you would be able to get some of the models, but unless...
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1 Answer | Asked in Estate Planning for North Carolina on
Q: Who is responsible for paying a deceased person's debts, if the PIOA disposed of property and money before death?
Ben Corcoran
Ben Corcoran answered on Oct 2, 2020

The estate is responsible for all debts held solely by the deceased. If there is not enough money in the estate, and there are not enough assets to pay the debts, they are paid in a statutory order until all the assets are gone.

1 Answer | Asked in Estate Planning and Immigration Law for North Carolina on
Q: If I have a will in another country will that be applicable in NC? Or do I need a separate will in NC?
Ben Corcoran
Ben Corcoran answered on Sep 29, 2020

Generally speaking, NC does recognize out of state/country wills; however, if you are planning on living in NC I would take your existing will to a local probate attorney and have them look it over to ensure that it still has the same effect that you intended when it was drafted. Also if the will... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My uncle died with no will & I was wanting to know if his nieces and nephews are the next in kin (heirs)?

He had no spouse, no children, & his parents & siblings are deceased. I wanted to make sure if my uncle's nieces & nephews are the next in kin (heirs).

If we are his heirs, this leads into another concern - my cousins (his nieces) are currently ignoring & avoiding me... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 28, 2020

Under NC law if there is no will and given the family tree that you described, you, your sibling, and your cousins are the heirs.

If they are not opening the estate then you should apply to have it opened at the Clerk's office, you will have to get waivers from the other heirs or...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: NC I live in the home with my parents. The mortgage is in my father name. How do make sure I can keep my parents house

If my father should pass away. Will quitclaim work?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 27, 2020

Who is on the mortgage is irrelevant - that's just who is obligated to pay for the house - not necessarily who owns it. Whether you get your parents house depends on whether whoever owns the house wants you to have it. For example, if the deed to the house is in your parents names and they... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do I become executive of my mom's estate she passed and although I was told my parents were divorced they are not

I am her only child they have been separated my whole life

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

It depends on whether or not your mom had a will.

If she did not have a will, you need to make an appointment with the local Clerk's Office and ask to be appointed, tell them the situation and hope that they will immediately appoint you. If not, you will need to wait 90 days from the...
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