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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.
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answered on Aug 4, 2023
In North Carolina, an executor is responsible for managing the assets of the estate and ensuring that the estate's debts are paid, and the remaining assets are distributed to the beneficiaries according to the will or state law.
It is generally not appropriate for an executor to write... View More 
I was not on any of the credit accounts, nor did I sign anything for the medical procedures. There is no estate. House was in both our names.
answered on Jul 26, 2023
I highly advise you to hire an attorney and have them assist you in probating the estate. The credit card debt can likely be wiped out by opening the estate. The medical debt will unfortunately likely follow you since spouses are normally liable for the medical debts incurred by their spouse.
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... View More
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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... View 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... View 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... View 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... View 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... View More
And living in my daughter's house it took them 5 years to locate me to tell me that I left as beneficiary
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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.
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.
My husband told me he destroyed the will and also revoked their poa which I do have proof of
The buyer put the executor name on the check and the executor deposited the check into the estate account. The bank did process the check into estate account. Will this pass the clerk of court.
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answered on Aug 5, 2023
That is very typical and quite legal.
who is the representative of the estate. if no one was appointed in a will or POA
answered on Jul 12, 2023
The POA is void upon death, and the will is what controls who the clerk chooses to appoint. It is ultimately up to the clerk, but they almost always follow the will.
Primary interest is nursing home protection
answered on Jul 12, 2023
It is one of the ways to protect the home from Medicaid claims currently. Without a more detailed consultation, I cannot recommend it over any of the other methods.
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answered on Jul 10, 2023
Your nephew will not be personally liable for the mortgage when your sister passes. However, if the lender stops receiving payments, the lender will have the right to foreclose.
I'm in North Carolina, and the state only recognizes biological and adopted children unless otherwise noted on a will or trust. My stepfather's daughter lives out of state and has never lived here. The only time she ever visited was to ask for money. I find it worrisome that the... View More
answered on Jul 5, 2023
Take all the documents to a local lawyer and get their opinion. This question cannot be answered without a full understanding of all the facts and a review of the documents.
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