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 »
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 »
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 »
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.
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 »
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 »
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?
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.
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 »
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 »
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 »
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 »
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 »
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 »
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...Read more »
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 »
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...Read more »
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 »
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 »
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 »
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.
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 »
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.
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