Their uncle was the end of the line for that entire family tree. Our mom and their dad are dead. It's really sad. I was actually contacted by someone executing the estate looking for other relatives. There are probably very distant cousins (like shared a common great-great grandparent), but... Read more »
answered on Apr 25, 2023
Determining Heirship can be extremely difficult. Sometimes it is best to attempt to include any suspected heirs as parties, then sue unknown parties to Quiet Title to certain properties via publication notice. Hire a very competent NC attorney to represent you against whoever is trying to... Read more »
He passed away in 2021, the house went into foreclosure last year, and then they auctioned it off, and that was the last I heard about it until I was just contacted about there being surplus funds from the sale.
answered on Apr 14, 2023
Excess funds from the sale belong to his estate. The reason why you were notified that the Clerk is holding excess funds is because there was likely a second mortgage, home equity line of credit, judgment lien, or tax lien (often more than one of these) that remains unpaid. You should contact a... Read more »
He's daughter 16. So we couldn't get nor even his clothes?
answered on Feb 1, 2023
Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to... Read more »
I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »
answered on Nov 13, 2022
If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... Read more »
And living in my daughter's house it took them 5 years to locate me to tell me that I left as beneficiary
answered on Nov 4, 2022
You may be the sole Heir, and if so, own any real property She had at death. But taxes and debts have to be paid, or the property is lost. Hire a competent NC attorney to search the Title and determine Heirship immediately.
No mortgage; 50/50 owners on title and deed. I’ve several letters and texts, stating she bought the house for my daughter (her grandchild) and me and we never have to worry about being homeless. She bought the house; repairs were shared; all furnishings, appliances, and fencing; bills and taxes I... Read more »
answered on Oct 17, 2022
Since it does not appear any debt problems are present, you probably need to do nothing until you want to. Hire an attorney to search the Title to be sure about ownership. When necessary, file suit for a Partition with publication service on her.
My biological father never changed deed to property nor did my mom who has rights to property
answered on Oct 17, 2022
This very much depends on what the deed itself says. Based on how the question is worded, it sounds like the deed was in one or both of your parents' names.
How your parents owned the property matters (with the default being tenancy by the entirety for married couples). If both your... Read more »
My mom died and left her residual estate to 14 (4 children and 10 grandchildren). Some heirs are ex-pats. It will be easier to handle the sale of a rental property if it is first titled to the estate and then sold - and all heirs agree this can happen. While the will gives the executor (my... Read more »
answered on Sep 29, 2022
The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the... Read more »
The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do
answered on Sep 12, 2022
I agree with the other answer but you may also have to open an estate and be appointed as the administrator in order to negotiate the check due to ita large size. The Trustee may refuse to issue it in your name only because theoretically, your husband could have other heirs besides you.
The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do
answered on Sep 12, 2022
It sounds like the check came from the bankruptcy trustee. Contact the trustee and ask to re-issue the check in your name only. Be prepared to submit the certificate of death for the Trustee's due diligence.
My husband just passed away and both our name are on the deed. We dont have children together but we both have from previous mariage.
I use money from my personal account( have proof) to finance the down payment and the renovation 2 years ago, because he wasnt work.
Because of the... Read more »
answered on Aug 8, 2022
If you and your husband were both listed on the deed as husband and wife, then you own the entirety of the house; there is no need to calculate shares. If the two of you were not listed as husband and wife, then I would advise you to file a year's allowance in the estate and use it to increase... Read more »
My father recently passed away. He did not have a will. My mother is alive and was his legal spouse. Most of the assets are in both of their names. My dad had a life insurance policy on me and one for my sister where he was beneficiary. My mom was not listed on the policies. He had taken out a loan... Read more »
answered on Jun 28, 2022
You don't have to go to court at all, if your mother will be administering his estate. Have her meet with an attorney as to what to do, as the attorney will want to review all assets and debts related to the estate, before giving any definitive answer. If you or your sister intend to... Read more »
Wife has a will that involves others including her ex husband. We have been married for a few years and recently came across this will. As we are married and have been so for 8 years, is this will automatically null and void or does she need to do through something else in order to cancel it. And... Read more »
answered on Jun 9, 2022
Depending on the wording of the will, any portion that mentions her ex may be void. However, the best resolution for both of you is that you have new wills drafted. The new will would override the older one and you should be advised on how best to protect your assets going forward.
My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still... Read more »
answered on Jun 7, 2022
Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.
Contact myself or another... Read more »
To go through probate or can I continue with the home loan through the bank?
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 »
About 10 years ago my 85 year old widowed aunt created a living trust for her special needs granddaughter. My aunt is of sound mind, but her physical health is now declining. She wants to transfer control of the trust to the successor trustee. How does she do this, and does she need to retain an... Read more »
answered on May 30, 2023
It depends on the trust document. Each trust has its own methods of changing trustees. The document should detail the process for transferring the trusteeship to a new party somewhere.
answered on May 16, 2023
Hire a NC lawyer to draft a Deed for execution and recordation.
If I am a beneficiary on an IRA but also the executor of the estate with a will that wants everything split 3 ways, will I be able to direct the IRA asset holder to disburse to the 3 people in the will (myself and two siblings) instead of just the beneficiary (me)? Thank you
answered on May 8, 2023
Not likely the financial institution will all but certainly follow the beneficiary designation. However, you can make a personal gift if you want to after the distribution.
answered on Apr 9, 2023
You might start by contacting an attorney who handles estate/probate law.
they are saying we committed a act of nuisance under chapter 19. they are wanting us to move my fiancee is to never return or live on the property and im allowed only 3 hours a day and cannot return for 10 years. they are tyring to say my dad cant rent his trailers for a year an then it has to go... Read more »
answered on Apr 1, 2023
Your issue could either be somewhat simple or somewhat complex, but it's difficult to tell from the information provided. For example, it isn't clear who owns "the property," what the "event" was, and why ALE was involved. To be able to help determine your potential... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
