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North Carolina Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on

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?

Charles Evan Lohr answered on Jul 15, 2019

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 »

1 Answer | Asked in Estate Planning and Probate for North Carolina on

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 »

Amanda Bowden Houser answered on Jul 14, 2019

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 »

1 Answer | Asked in Estate Planning for North Carolina on

Q: In NC, my stepfather revoked an amendment to his trust by writing revoked, dating and initialling. Legal?

Charles Evan Lohr answered on Jul 10, 2019

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...
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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on

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 »

Angela L. Haas answered on Jul 1, 2019

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 »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on

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?

Charles Evan Lohr answered on Jun 28, 2019

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 »

2 Answers | Asked in Estate Planning for North Carolina on

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 »

Kenneth V Zichi answered on Jun 18, 2019

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 »

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1 Answer | Asked in Estate Planning and Probate for North Carolina on

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

Kenneth V Zichi answered on Jun 18, 2019

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...
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2 Answers | Asked in Estate Planning and Probate for North Carolina on

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

Amanda Bowden Houser answered on Jun 18, 2019

If he was entitled to the payment at the time it was deposited and you have authority to make the withdraw then - yes.

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1 Answer | Asked in Civil Litigation and Estate Planning for North Carolina on

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

Angela L. Haas answered on Jun 12, 2019

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.

2 Answers | Asked in Estate Planning for North Carolina on

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 »

Ben F Meek III answered on Jun 10, 2019

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 »

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1 Answer | Asked in Estate Planning for North Carolina on

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?

Charles Evan Lohr answered on Jun 9, 2019

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

1 Answer | Asked in Estate Planning for North Carolina on

Q: After a family has passed, can an executor change the way the inheritance from trust is transferred?

Angela L. Haas answered on Jun 5, 2019

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 »

1 Answer | Asked in Estate Planning for North Carolina on

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 »

Charles Evan Lohr answered on Mar 4, 2019

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 »

1 Answer | Asked in Estate Planning for North Carolina on

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

Charles Evan Lohr answered on Feb 26, 2019

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 »

1 Answer | Asked in Estate Planning for North Carolina on

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.

Charles Evan Lohr answered on Feb 20, 2019

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

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on

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 »

Charles Evan Lohr answered on Feb 15, 2019

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 »

1 Answer | Asked in Estate Planning for North Carolina on

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?

Charles Evan Lohr answered on Feb 4, 2019

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

1 Answer | Asked in Estate Planning for North Carolina on

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 »

Kelli Y Allen answered on Jan 27, 2019

At this point, you probably need to seek assistance from a probate attorney just to get this resolved and the estate closed.

2 Answers | Asked in Estate Planning, Family Law and Probate for North Carolina on

Q: NC Elective Share calculation - Can someone explain the calculation in layman terms?

Amanda Bowden Houser answered on Jan 25, 2019

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 »

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