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North Carolina Estate Planning Questions & Answers

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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1 Answer | Asked in Estate Planning for North Carolina on

Q: In NC are heirs responsible for secured debt, we did not co sign the loan but have been in contact with the bank.

He had a will (I am sole executor) his house was left to me & has been changed at the tax office. 2018 property taxes were paid by me. Land my brother currently lives on was willed to him. Ma passed in 2015. We are the only heirs. The 3 month estate notice was placed in paper and the bank did not... Read more »

Charles Evan Lohr answered on Jan 24, 2019

The real estate is not technically part of the estate, but you could get your expenses out of the property - assuming they are significant enough to make it worth doing so and there is enough equity. The debt stays with the property and becomes the responsibility of the new owners to deal with (or... Read more »

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

Q: NC Elective share-When served with an elective share petition from the surviving spouse, and you have no defense,

what is your response?

Charles Evan Lohr answered on Jan 23, 2019

You do not have to respond if you believe you don't have any defense, however, there are often property valuation issues that come up in these types of cases. I'm glad to discuss if you'd like.

Thank you,

Evan Lohr

Attorney

(919)348-9211

evan@lohrnc.com

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

Q: How solid is the “My 5 Wishes”?

Fiancé passed away. I was the caregiver and healthcare agent as well as the appointed power of atty- until the end. There was no will. The surviving child(19) doesn’t want anything to do with being the executor. It is my honor to carry out wishes my fiancé had for the child. (ie: equity/... Read more »

Charles Evan Lohr answered on Jan 19, 2019

My condolences on your situation. In this case, since there was no will, North Carolina's intestacy rules will dictate how your fiance's assets are distributed. You may be able to be appointed administrator of the estate, especially if the child will agree that you should serve. Handling probate... Read more »

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

Q: No will, no surviving spouse, all seven children are deceased, they have children, are the children the only heirs?

Deceased own 1 acre land in NC, lived in NC.. Some of the deceased children have living spouses are they entitled?

Sara W. Harrington answered on Jan 10, 2019

The North Carolina laws of Intestate Succession determine who will inherit when there is no will.

If there is no surviving spouse or children, the next in line are grandchildren. If some of the grandchildren have died before the person of whom you are speaking, then their children would...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: What next with NC Assignment of Spousal Years Allowance form?

My wife passed away and I have filed for the Assignment for Spousal Years Allowance with the Clerk of Courts. She has a few hospital bills that need to be paid, will my bank accept the sealed/certified Allowance Form (AOC-100-E) form of will they also require I file for an EIN number? When more... Read more »

Sara W. Harrington answered on Jan 8, 2019

I'm sorry for your loss.

You're off to a good start by filing the Spousal Allowance form.

If your wife listed you as the beneficiary (also called TOD or POD) on her financial accounts or if you had a joint account held as "joint tenants with right of survivorship", the financial...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: What is the process to add a backup personal representative to a will after a loved one's passing?

A relative passed recently and the personal rep is elderly and not in good health. It will be a huge mess if the personal rep passes before settling the estate.

Sara W. Harrington answered on Dec 26, 2018

The North Carolina statutes provide for a procedure to replace the executor if the executor dies. It's generally a very orderly process. The will may list successor to the executor or the Clerk may appoint someone. In your case, it sounds like the will listed no successor personal representative.... Read more »

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

Q: False DV report to shelter w/ no police report against my deceased dad so she can claim inheritance. Can she do this?

He passed away last year & had not seen his wife in 4 years. She abandoned him & has been w/ multiple men. She refused to sign divorce papers & went into hiding. After he passed away she has reappeared claiming she only left for a few months & remained faithful but had to leave due to him abusing... Read more »

Amanda Bowden Houser answered on Dec 5, 2018

If you father had no will, anything that doesn't automatically pass (such as joint accounts and life insurance with named beneficiaries) will pass via intestate succession which if you are the only child is spouse inherits 1/2 of intestate real estate and a portion of intestate personal property... Read more »

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

Q: Parents died and in will left home to children. One lives in the house, won't pay rent to others and won't move out.

The other children want the one in the house to either buy them out of the house or to pay them rent. What is the best course of action since the child in the house refused to do either? At this point, the desire is for the child to move out so the house can be sold.

Melissa Averett answered on Oct 17, 2018

Hire an attorney to file a petition to partition the property. Family law attorneys are more likely to be aware of this type of claim. its an action before the clerk of court to handle this exact situation that will likely result in either a settlement of one party buying the other's interest or a... Read more »

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1 Answer | Asked in Estate Planning for North Carolina on

Q: Should a POA be recorded in the NC county in which it was notarized or the county where I am presently residing in NC?

The POA was notarized in Mitchell Co NC in 2006. It was not recorded. I now live in Henderson Co NC.

Will Blackton answered on Sep 26, 2018

This may depend on how the PoA will be used. If, for example, the PoA is granted to allow one spouse to purchase a residential home in Wake County in the names of both spouses, it would make sense to record the PoA in Wake County.

Who is supposed to honor this PoA? Many...
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1 Answer | Asked in Estate Planning for North Carolina on

Q: Father died no Will. Wife & 4 children. Wife says not sharing estate with children. Wife name not on house or cars.

Wife has applied for executor. When do we hire attorney, is it after the 90 days she has been approved executor? What are children entitled to?

Sara W. Harrington answered on Sep 20, 2018

Your father's widow is allowed to claim a spousal allowance of $30,000 immediately. That is designed to help spouses pay bills until the estate is distributed.

If your father had no will, the estate (after the first $30,000 goes to the widow) will be distributed according to the laws of...
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1 Answer | Asked in Estate Planning for North Carolina on

Q: My father died last week and my brother changed the locks and threw me out of the home where I had been living

I had been living there the last 4 years with my dad and taking care of him. What can I do legally in order to have a place to live?

Sara W. Harrington answered on Sep 19, 2018

The answer depends on a lot of factors in order to give you an answer to this question. These questions include:

Did your father own or rent the home?

Was there a mortgage?

Was there a will?

How many other heirs are there to the estate?

I suggest you talk to...
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