North Carolina Estate Planning Questions & Answers
Q: How do I protect my interest in a dual inheritance?
When my grandmother passed away, she left the house and land equally to me and my aunt. Instead of selling the house and dividing the proceeds, my aunt has continued to live there since her passing. Currently, my aunt and I are somewhat estranged and I do not know what preparations she has made.... Read more »
There are several options you could pursue, but they will all depend on how the property is titled. Please feel free to call me to discuss further.
Evan Lohr
Attorney at Law
(919)348-9211
evan@lohrnc.com
Q: Father passed in April 2019. In North Carolina, is my father's residence a part of the probate process? Does the
Administrator of my father's estate have the authority to prevent any beneficiary from accessing the residence? And is the Administrator the final decision maker on the sale price of the residence, and do all the beneficiaries have to agree on the sale price of the residence, along with any... Read more »
The beneficiaries of the estate own any real property located in NC upon the death of the decedent, although the administrator can petition to bring the real property back into the estate if it is needed to pay the claims of creditors or costs of administration. Unless that is the case, the... Read more »
Q: Father passed in Spring 2019 with a Will and debt free residence. Is the residence separate from the estate which is in
probate as Executor passed before father and no identified successor Executor? Residence was left to be distributed to children.
If the residence was in your father’s name then it is part of his estate. The probate court can appoint an executor. Usually a family member petitions the court to be appointed. A local probate attorney can help you with this.
Q: my father has dementia can I find out if he has a living will and poa
he got sick today had to go to hospital
You could check with the Register of Deeds Office to see if he recorded his Durable POA; however, his physician will have to check with the Secretary of State's Office to see if he registered a Living Will or Health Care POA
Q: I'm preparing to close my mothers estate. Do I need to distribute the remains of the estate checking account as well?
There is about 1500.00 dollars left and debts have been satisfied.
Yes. Your attorney should be helping you with this.
Q: Hello I was wandering my son passed away from a car accident he was 22 yrs old. Can I be the administrator of estate.
His mother and I are divorced. We live in nc.
You would be a natural choice unless his will specified someone else or you have a rap sheet. But ultimately it is for the judge to decide.
Q: Can I live in my fathers home while I am determined executor of his small estate to keep up the property
He had no will and I am his next of kin. I am just waiting the 30 days to open the estate. I didnt know if I could live in the home to keep up the property while in this process.
If your father lived in NC at the time of his death, then you don't have to wait 30 days to apply to be the Administrator (Personal Representative) of his estate. If you have a key, you may go there and you may live there if it helps to keep the property in good shape. As Administrator, you will be... Read more »
Q: In the state of NC does an Executor to an estate ,bylaw have to inform beneficiaries if they are named in a will
Once the estate is filed with the Clerk of Court, the Clerk sends out notices to all the heirs listed in a will. The executor needs to be in contact with the heirs to handle the transfer of property left to them, but the official notice to heirs per statute, comes from the Clerk of Court.... Read more »
Q: How long does an executor have to file with clerk of court in North Carolina
An executor named in a will may, at any time after the death of the testator, apply to the Clerk of the Superior Court in the county in which the testator died, to have the will admitted to probate.
However, if no executor applies to have the will proved within 60 days after the death of... Read more »
Q: If a house is left to 5 siblings equally, but hasn't been sold/divided, can the estate of one of the siblings be settled
First?
I am assuming one of the 5 is now deceased.
Yes. Essentially, the heirs of the deceased will take the deceased's share of the property, and they will have to approve any sale. Alternatively, it is possible that the property will need to be sold (or the other 4 pay the deceased's estate for... Read more »
Q: How do I check if an estate has been recorded at clerk of courts in NC
You can check whether an estate has been opened for someone by calling the clerk of superior court in the county in which they resided when they died.
Evan Lohr
Attorney
919-348-9211
Q: A relative "acquired" some property after the passing of my mother. They refuse to return the property to the estate.
They stole a purse and money from the bedside of the deceased person and say they feel they can keep it and it's contents.
Hello,
I am sorry for your loss. The best option for your situation is for the person who is executor or administrator of the estate to file a petition to recover personal property with the clerk of court to try and have the property returned. Feel free to contact me if you’d like further... Read more »
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 »
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