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North Carolina Estate Planning Questions & Answers
1 Answer | Asked in Elder Law, Estate Planning, Probate and Real Estate Law for North Carolina on
Q: Can older sister step in and take over half my house since mom is on the deed as borrower when and if mom dies.
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 4, 2020

Being on the deed and being a borrower on the mortgage are two different things. Being on the mortgage is irrelevant but if your mom is on the deed to your house and she leaves her portion of the house to your sister in a will or dies without a will - then yes, it is possible you will sharing the... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: I live in nc my oldest sister s.c became gravely ill and passed spouse did not notify us including 85 yr father .lawsuit

We found out by a outsider .her spouse blocked us from calling.this was 07/2020

No one yet has yet to even call our father can we sue

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 1, 2020

Just making sure I understand the question: are you asking if you can sue your brother-in-law for failing to inform you that your sister was ill and later died?

Well, you can sue anyone for anything, even if the lawsuit is frivolous and has no chance of success. But I don't see how...
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2 Answers | Asked in Estate Planning, Real Estate Law and Family Law for North Carolina on
Q: My son maybe subject to have a timeshare willed to him. Can he decline acceptance and avoid expences of a timeshare?
Michael Hales
Michael Hales answered on Aug 27, 2020

Yes, your son is not required to take ownership of the timeshare. I recommend speaking with a local attorney on how to do this.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father just passed away. I am his first child and have 2 step siblings by his second marriage.

That marriage did not last and he married two other times and divorced. At 70 years old he remarried the second wife with the 2 step siblings again. They were married 15 months prior to his passing. All of his property and savings were acquired prior to their remarriage until his parents both... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 18, 2020

You can not disinherit a spouse in North Carolina. So regardless of the will, the new wife will likely get what is called an 'elective share'. There are several factors that go into calculating if the elective share applies and if so how much it will be. For a marriage of less than 5... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: Hi.There’s a sibling living in the household that won’t pay bills.but everyone else does.can I get a civil order

The home is in my mother and fathers name and both are deceased with now will

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 17, 2020

As always, you will get a more accurate and complete answer if you consult with a local attorney who has the time to understand all the facts behind your particular situation. That said, I don't see grounds to get a "civil order" (which isn't really a legal term). If both... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: my Husbands dad gifted our home to his son & his son, I gave up my home he put jowros I was mislead w/ can I do?

Been 2gether 14yrs & I spent all my inheritance putting property on this land and pd up all taxes we got married a year ago I just found out this or I wouldn’t spent all my money on upgrading the home , do I have rights???

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 14, 2020

I'm sorry, but I don't understand the fact pattern that you are trying to state or the specific question you are asking. This is a cop-out answer, but you will need to speak to a family law attorney in your area and give me them all the details before you get a good answer. These... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Mother-in-law recently passed, living in a trailer under a “lease-to-own” contract. Does my wife have any obligations?

She had not finished paying off the property. Wife is not listed on the lease and there is no will. We do not want the property and are not seeking anything other than to return the property to the owner. Does my wife have any obligations as the next-of-kin and only child?

Anthony M. Avery
Anthony M. Avery answered on Jul 23, 2020

The Lease With Option To Purchase should be void. Do not file Probate unless there is a very good reason, as the landlord will file a Claim Against the Estate. To be careful, hire an attorney to conduct a title search to make sure about the Lease. Sometimes those Contracts are recorded, and... Read more »

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1 Answer | Asked in Contracts, Health Care Law, Estate Planning and Collections for North Carolina on
Q: Can the hospital really take my father’s home for payment of 7 days In the hospital with no insurance?

My father had no will but anticipated leaving me everything as he is not married and has no other children. I am the administrator of his estate. The hospital has filed a claim against the estate for $111,000. The sum of his final 7 days on this Earth in the hospital with no insurance. He had no... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2020

Try working with the hospital to reduce the debt and agree to make regular payments to pay it all off within a reasonable period of time. Hiring a lawyer might help.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: In NC in a second marriage, if spouse passes away and it was his house, can his children make you move or do you have

Lifetime rights?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 15, 2020

Depends on whether there was will or not. If there was no will, the property will pass thru intestate succession laws. Who gets what depends on what family members there are and what there relationship to your spouse was. Even with a will, you can not be disinherited entirely in NC, so the... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: If I die with out a Will what happens to my wife?

Does she have access to my bank account or is it frozen.

Jonathan Shbeeb
Jonathan Shbeeb answered on Jul 14, 2020

When a person passes without a will or other document that passes property upon death, the property passes through intestacy. That means it is governed by operation of law. A spouse will receive a portion of the property left behind in the estate. The amount of the property the spouse receives... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for North Carolina on
Q: My pops is gifting me land in N.C but it needs to be split in half and put in my name. How do I go about doing that?
Nina Whitehurst
Nina Whitehurst answered on Jul 12, 2020

A lot split is not a do it yourself project. You will need an attorney and a surveyor. I would also recommend an attorney to do the deed correctly.

However, there are very good reasons for not doing lifetime gifts, and your dad should talk to you and estate planning attorney about that.

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: My brother is POA over my family's finances..is it possible for my brother to change finances to suit him better?

My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 11, 2020

Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want.... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father passed away 5/17/20. My stepmother is refusing to let me have anything.

She is keeping his current house and still going on with the $200,000 house they were having built. The land was in his name. I was his only child. She is getting all of the money, the houses, vehicles, everything. All I wanted was a few of his shirts, all of the hunting rifles, shotguns, bows,... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 2, 2020

Since your father had no will, if the estate is divided according to intestate succession, his spouse will receive the first $30,000.00 of personal property, one-half (1/2) of the remaining personal property and one-half (1/2) all real estate. You as the only child will receive one-half (1/2) of... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Boyfriend and I will move into a home that's solely in his name. How does "right of tendency" work (correct term???)?

He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.

Angela L. Haas
Angela L. Haas answered on Jun 29, 2020

He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Adult child dies before parent's will is processed, what happens?

A NC resident dies with a will but the adult child in poor health dies before the will is processed. The child has siblings, a spouse and children of their own.

Angela L. Haas
Angela L. Haas answered on Jun 25, 2020

It depends on what the parent's Will states. In most cases, the property would go to adult child's heirs or the persons/entities the adult child left property to in his/her Will.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Life estate was mentioned in a will, but the deed to the property did not. Which one supersedes?

A will was written out 5 years ago and mentions a life estate to the home. However, 3 years ago a new home was purchased, and a life estate was not placed on the deed on the new home. The estate is now closed, and the tax assessors office reviewed the will and only put the name of the heirs on the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

Apparently the Life Tenant is Adversely Possessing Under Color Of Title against the Remaindermen. After awhile he will own in Fee. Why is a Deed involved when the Probated Will is the source of Title? Who was the Grantor? The Remaindermen can file suit to Quiet Title. What the Tax Assessor... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Who gets the appliances?

My eldest sister passed away. In her will she states, to my brother-n-law, I will my house and land.

to my sister (our sister), I will my jewelry and furniture.

I am the executor of my sister's estate and this has become a big issue. I know when a house is sold, the... Read more »

Angela L. Haas
Angela L. Haas answered on Jun 15, 2020

The attorney is correct. The appliances are considered "personal property" and are not part of the house. The appliances will most likely go to whoever receives the residuary estate (that property which is not otherwise distributed per the Will).

1 Answer | Asked in Estate Planning for North Carolina on
Q: My mother just passed away. I lived at home with her. My father passed away in 2012, and I am the only child.

Will I need to go through probate to continue living in the home? As far as I know, the only debt she may have are hospital bills she incurred in the couple months leading up to her death. There is no will, and I am almost certain that I am the only beneficiary.

Angela L. Haas
Angela L. Haas answered on May 28, 2020

Most likely, you will need to have her estate go through probate, especially since you mention the possibility that there might be another beneficiary. If you are the only child and your mother died without a will, then you are the only beneficiary. Depending on how our mother's home was... Read more »

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My Dad died ..all deeds to property are still in his name _ property fell to my brother & I ..but he won't split propert

My brother wants both properties_ have 2 separate home places_ with land..different deeds fer all property..wants to be difficult splitting property help

Charles Evan Lohr
Charles Evan Lohr answered on May 27, 2020

You should be able to partition the property to divide it equally. Please feel free to call me at the number below if you'd like to discuss further.

Thank you,

Evan Lohr

(919)348-9211

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