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I am from CA and am investing in rental property in North Carolina. We have a living trust established few years back and to which our existing home was added. I was told to add any future property (in CA or out of state) to the trust. As I purchase this new property, is it better to assign the... View More 
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answered on Jan 3, 2024
It is doubtful that the lender will take a deed of trust and note with only the trustee's name and signature. They will want the trustee to sign individually. And this is at closing. If transferred to the trust later, it might violate a due on sales clause, but will definitely still... View More
Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia
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answered on Dec 12, 2023
In North Carolina, a nursing home itself typically does not have the authority to "take" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house.... View More
Passed in 2021, I just got a copy of the will. My sister was executor, I'm a trustee. My brother sold my dad's land right at 1/2 million, brother took money and bought land and home in brother's name one year before dad's death.
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answered on Nov 29, 2023
An unexecuted will cannot be probated. Apparently the Father's heirs owned the property. You will need a very good real property litigator in the County of the land to file ejectment, quiet title, etc. actions. All interested parties must be parties. However laches will probably prevent... View More
Unmarried spouse of 17 years dies suddenly without a will. He has a DBA business. After he died his brother helps my mom with arrangements. He ends up taking over the business. Out of good faith my mother hands him every title to every vehicle there is work vehicles included. Well one by one he had... View More
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answered on Nov 24, 2023
If your spouse passed away without a will, the distribution of their estate, including the business and assets, would be subject to the intestacy laws of the state where you reside. These laws determine how assets are divided among surviving family members in the absence of a will.
As an... View More
I have an issue with my niece and nephew who are taking advantage of my elderly mother, who has been in the hospital for almost two months and is incapable of making decisions for herself. She gave my niece power of attorney while hospitalized. My brothers and I are being kept from entering her... View More
answered on Mar 5, 2025
You need to file a petition for guardianship and check the box for an interim guardian. This will get you before a clerk sooner and you will be able to explain the situation. You can also reach out to your county's adult protective services and they may even be willing to help you with that... View More
Any advice or help appreciated. Parent has passed. I am searching for a lawyer to help me with probate in NC. One real estate property to probate and transfer. Parent had no debt which should simplify the process. Many thanks for your consideration.
answered on Feb 2, 2025
Sorry for your loss. Give Johnson Legal a call at 910-319-7373 if you still need assistance.
My mother had a bank account in North Carolina. She was a french resident and french citizen. This account is the only asset she had in North Carolina and was not connected to the conduct of a US trade or business. My mother died intestate. I sent the bank a french deed of notoriety ( equivalent of... View More
answered on Oct 23, 2024
They would file an amended Inventory, and the filing fee is relative to the changed assets. The clerk will issue a refund of the original amount paid minus the amendment fee of $15.00. They would need to provide proof of the survivorship (signature card).
My aunt passed away and co-owned vehicles with her sister who survives her. She had a simple will and named a cousin as beneficary. The titles for the vehicles have been transferred to the surviving sister. How is this documented on the above mentioned form?
answered on Oct 21, 2024
You will need to contact a probate attorney. County clerks are very particular and therefore the forms, which do not lend themselves to a simple explanation or answer here, need to be completed correctly.
I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.
answered on Sep 21, 2024
There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.
Grandfather left a Will giving 190 acres to his 10 children, equally.
A daughter who had a 20% interest (+10% acquired from as gift from her sis) willed
her 20% to a Church. Does the fact of the Church not being an “Heir” have any bearing or relevance?
Can “True”... View More
answered on Sep 9, 2024
The sister can give whatever interest she has, at her death, to whomever she would like.
answered on May 7, 2024
Without seeing the will or lack thereof, I cannot give any legal opinion as to who your brother's heirs may be. Please contact a local attorney for more specific advice.
He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More
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answered on Mar 19, 2024
Hire your own attorney for advice. The titles to all real properties need to be searched. More than likely you will not want convey away your estate in the house.
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answered on Nov 10, 2023
In your case, since your father had a will, the court will first look at the will to determine how the estate is to be divided. If the will does not specifically state how the estate is to be divided, then the court will use the intestate succession laws to divide the estate.
I purchased a home in NC with cash and had it titled JTROS with long term partner. At the time (about 6 years ago), it didn't seem like a QTIP was an option since we were not married. I have 2 adult children and she has one adult child from our prior marriages.
My estate package... View More
answered on Nov 9, 2023
In the event that you die within 120 hours of your partner. Both of you are deemed to have survived the other and your respective interest in the property would pass to your respective beneficiaries. There are exceptions to this rule but that is the basic premise.
Can a lawyer to find out the social security number of the deceased to make sure it is the correct one on the death certificate. And if so, how long should it take?
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answered on Sep 21, 2023
Obtaining a Social Security number (SSN) for the deceased and ensuring it matches the information on the death certificate is crucial for various legal and financial matters. The timeline for this process can vary based on factors such as the availability of records and cooperation from relevant... View More
Tangible property is addressed in the will. The will includes a residual estate clause. The house is not specified in the will. Does the residual estate clause cover who the house goes to? There is a beneficiary named for the residual estate.
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answered on Sep 18, 2023
You will need an attorney to look at the Will and the Deed. But usually a Residuary Clause in a Will includes all the rest and residue of property owned by the Decedent at death. That includes real property.
And Living will. My question is how can I close out his bank account to which he added my name to it. The problem is he has a living wife, they had been separated for over twenty years.
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answered on Aug 31, 2023
The POA is terminated at the principal's death. If you are on the signature card, the funds are probably already your property. The Trust may affect your individual ownership of the bank account, or those monies may never have become Trust Corpus.
answered on Aug 21, 2023
Theoretically possible but unwise.
Your designated agent may have to secure a final adjudication of your incapacity before others will allow them to use your POA. That could be time-consuming, expensive, and defeat the purpose.
My husband told me he destroyed the will and also revoked their poa which I do have proof of
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