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North Carolina Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My Godmother passed away and Me and her niece are in the will for the house. I want to buy her half does the house have

To go through probate or can I continue with the home loan through the bank?

Ben Corcoran
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Ben Corcoran
answered on May 12, 2022

Unless the house is specifically mentioned in the will that it is to become part of the estate it does not automatically become part of the estate. The executor of the estate will likely have to join in the sale to release any potential interest the estate has but you should do everything in your... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I am the executor of my fathers estate, in process of selling his house. Have received offer

Full asking price at over 90% tax value. Do I need all 6 heirs permission to accept? There was no will and there are no liens. Correction: administrator, not executor

Anthony M. Avery
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Anthony M. Avery
answered on Apr 25, 2022

If there is no Probated Will then you are not the Executor. You are probably the Administrator and I would advise the purchaser to require the Deed to be executed by all Heirs (who actually own the real property).

1 Answer | Asked in Estate Planning for North Carolina on
Q: My father passed away and left a will. My sister and I are co-executers. Will states we splint everything 50%.

My sister took a large sum of cash out of a safe after my father’s death. Am I entitled to the 50%?

Ben Corcoran
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Ben Corcoran
answered on Apr 21, 2022

Yes and no, the cash would have been an asset of the estate, and you would have to pay an audit fee on it. But that fee is relatively minimal, so you are entitled to almost 50% of the cash.

2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: If a parent dies and has no will and her only son is incarcerated can the sons wife become the executor of the estate?

His aunt is trying to do it but has not gotten the paperwork done yet

Beverly A Stull
Beverly A Stull
answered on Apr 20, 2022

If there is no will, anyone can apply to be an Administrator; there is only an Executor if there is a will. But the son will be notified and can object to it.

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1 Answer | Asked in Adoption, Family Law, Estate Planning and Probate for North Carolina on
Q: My grandfather died without a will and I was adopted, do I need the adoption papers?

My grandfather died without a will and he owns the house and has a sizable bank account not in my name. He has no heirs other than me. What do I need to do to get them in my name. I was adopted by my biological grandma and he was married to her the moment she passed away and continued to raise me.... Read more »

Ben Corcoran
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Ben Corcoran
answered on Apr 14, 2022

There are a couple of questions that will need to be answered before I can give you specific advice. Did your grandfather adopt you as well? And second, are you biologically related to your grandfather? If you can answer yes to either of those questions, you can likely get his assets transferred to... Read more »

2 Answers | Asked in Bankruptcy, Estate Planning and Collections for North Carolina on
Q: When being pursued for a debt outside of bankruptcy in NC, is the vehicle exemption doubled when married.

The vehicle is jointly owned with rights of survivorship.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 12, 2022

The debtor spouse can exempt (protect from creditors) up to $3,500.00 equity in one motor vehicle. For a jointly owned vehicle, you take retail value (not trade in), subtract any outstanding liens, and divide the remainder by two. If there is any "wild card" exemption remaining, up to... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning, Civil Litigation and Collections for North Carolina on
Q: If I received fair market value to execute a new deed adding wife, can the transfer be reversed as fraudulent in NC?

I dont want to claim bankruptcy and my only goal is to protect the house. I am being sued by an unsecured creditor. I executed a new deed a year ago and my wife gave me $12,500 out of her 401k for repairs. Can this be considered fraudelent by a judgement creditor? I believe this to be fair market... Read more »

Timothy Denison
Timothy Denison
answered on Apr 7, 2022

Nothing you said jumps out at me as fraudulent. You have the right to do exactly what you did.

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for North Carolina on
Q: My dad passed away and was paying a mortgage, his brother lived there. Does the house go to us or the brother?

original family home relatives lived there didn’t pay mortgage, house went into foreclosure my dad bought it out of foreclosure and started paying the mortgage and lived there with his brother. My dads brother didn’t pay anything and now says house is his, everything was in my late fathers... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2022

Did your father leave a will or not? You need to go open an estate for your father if one has not already been opened. If the deed was only in your father's name, the house passes to whomever he left it to in his will, or if there was no will, it passes to his heirs. If there is no will and... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My father died last year and assigned his house over to me legally before he died. However, he did not leave a will

How can I get the vehicles off my property with out trying to take claim of them through becoming an administrator of his estate or possibly doing an mvr-317? Can I try to get an abandoned title since they have been on my property longer than 30 days? Can I just have them hauled off at worst? What... Read more »

Ben Corcoran
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Ben Corcoran
answered on Apr 5, 2022

A bond for this small of an estate would be pretty small, additionally, if you are on good terms with your family they can waive the bond. This may be the best way to handle the matter as it will be quicker. Alternatively, you can apply for an abandoned title. Most scrapyards require you to show... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: I thought a widow of someone who dies would be apart of that persons estate.

was told today that the children are the only Heir.

In 2019 the elderly mother died with out a will, then in 2020 the adult son, of the mother, died with out a will and in 2021 the elderly father died without a will. there is a surviving widow to the son, and three adult children to the... Read more »

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2022

Without seeing everything, it is possible that the son did not inherit anything. All of the mother's assets may have passed outside of probate to the father, so the son would not have received anything. Then when the father passed, the widow was not part of the father's estate. The three... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: My grandfather listed a family member as POA and before he passed she listed his home for sale. Can she sell it?

My mentally disabled uncle lives in the home with my grandfather and we know he wouldn’t want him living on the streets. How can we find out if he can stop this process

Nina Whitehurst
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Nina Whitehurst
answered on Mar 24, 2022

The POA expired at your grandfather’s death so, no, the agent under the expired POA cannot thereafter sell the property. However, if the property was already under contract before your father died, then chances are the buyer can enforce the contract against the estate assuming the POA was valid.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My step dads mom owned 7 acers. she added him and mom to the deed tenants with survivorship.

Mom only one living. there are no wills. can she sign over land to her son

Ben Corcoran
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Ben Corcoran
answered on Mar 21, 2022

It sounds like both your stepfather and stepfather's mother are deceased. If so, then the land is likely now owned solely by your mother, and she has the authority to convey the land as she sees fit.

Without reviewing the deed and seeing documentation regarding the status of all...
Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: How to calculate allotment to estate beneficiaries

There is a simple family structure:

* two grandparents, both alive, still married, no prior marriages

* two children, both alive and both married, no prior marriages

* The older child has no children

* The younger child has one issue (the grandchild), alive,... Read more »

Ben Corcoran
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Ben Corcoran
answered on Mar 7, 2022

In this scenario, because the grandchild is the deceased child's issue, they would likely take their parent's full share, giving them a 55% share of the estate. However, it would be difficult to give a firm legal opinion on this matter without reading the document.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Need to remove deceased off of deed because loan modification wife just on deed not loan I file affidavit of survivorshi

Need to know what to do to get a new deed with her name removed I'm disabled we have guardianship of our nieces her side I had gotten gangrene right after she past away and COVID had to have a limb removed so it's been kind of difficult dealing with this death and the sickness and... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Feb 21, 2022

There are attorneys in this forum that very much would like to help, but we can't without more information. At a minimum an attorney would need to look at your existing deed to see exactly how title is vested now. The existing vesting determines what direction to take. You might want to... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: For "inventory for decedent's estate" do I need to include the deceased's primary residence anywhere?

does it need to be included under- Property which can be added to estate if needed to pay claims?"

Ben Corcoran
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Ben Corcoran
answered on Feb 17, 2022

It depends on how the property was held before the deceased passed. There are several methods of ownership that exclude real property from the probate process. Talk to a local lawyer to get an opinion as to what your options are in this specific scenario.

1 Answer | Asked in Estate Planning for North Carolina on
Q: I am the executor of my mothers will. She left a home to my brother with the condition that he pay property taxes

if he fails to do so he must surrender the house back to the estate for it to be sold and the money to be divided between the grandchildren. He did not pay the taxes and refuses to move out. I filed for an eviction, under the advisement of the lawyer that wrote the will, but when it went to court... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Feb 16, 2022

I am guessing that your filing was rejected because the estate did not own the property when you filed the eviction. By default, real property is not in the probate process unless specifically instructed to be under the will. You will need a lawyer to draft a special proceeding to bring the... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: On Form AOC-E-201 (North Carolina) Preliminary Inventory It asks for "Real Estate Willed to the Estate"

My Fathers Will did not Itemize but said "Everything to my Children" He has a house. Question - Should the house be included on the form ?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Feb 14, 2022

No, real estate only goes into probate if it is specifically mentioned in the will or if a special proceeding is initiated to bring it in to pay debts.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Can I prepare the quick claim deed? Can all parties sign one document? Does a notary have to be present during signing?

I was designated as the executor of my grandmother's will. In her will she left her home to her surviving children (my mother, aunt and two uncles) who wishes to quick claim deed the house to me.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jan 27, 2022

I would advise having an attorney draw up the deed just to make sure everything is done properly but yes you can draw up the deed and it should be signed in front of a notary. All spouses will have to sign as well.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away recently. My mom filed out Application & Assignment of Year's Allowance.

This has been granted through the courts. How does she access this money & what can it be used for?

I don't understand where the money comes from (all that we have listed on the form is cars/boat/personal property). All bank accounts were joint. Is this money that she can get to... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jan 14, 2022

Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Parents have a trust, but dad never changed titles of property or accounts into the trust. He recently deceased.

Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?

What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 14, 2022

You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... Read more »

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