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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
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.
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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.
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.
I was told that they was once told that my dad or his dad had left me something in will but was never contacted also I believe I may of been beneficiary of inheritance but believe it was kept from me and possibly taken, how can I find out when I have little information to go on..?
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answered on Jun 20, 2023
If your Father died without a Will being Probated and owning land, then you as an heir had some interest. But taxes have to be paid, as well as notes, and if not, the land is lost. Check in your Father's County to see if there was a Probate proceeding, and the property tax records.
The roommate will not give me the keys or access to the house or car. He states he has a holographic will but will not give me a copy. I filed a Small Claims to make him leave and sent him a demand eviction letter. He refuses to leave. He is a career criminal out of jail on a secured bond.
answered on Jun 16, 2023
Unless the roommate is able to provide proof that satisfies the court of his ownership, the small claims eviction should be sufficient to remove the roommate.
But until he actually tries to challenge your probate authority, ignore his claim of the will. Make him prove that he has a valid... View More
answered on Jun 6, 2023
There are no late fees, the fee is 4 cents for every $10 in assets of the estate. I would generally advise to ask the clerk to tell you how much you owe.
About 10 years ago my 85 year old widowed aunt created a living trust for her special needs granddaughter. My aunt is of sound mind, but her physical health is now declining. She wants to transfer control of the trust to the successor trustee. How does she do this, and does she need to retain an... View More
answered on May 30, 2023
It depends on the trust document. Each trust has its own methods of changing trustees. The document should detail the process for transferring the trusteeship to a new party somewhere.
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answered on May 16, 2023
Hire a NC lawyer to draft a Deed for execution and recordation.
If I am a beneficiary on an IRA but also the executor of the estate with a will that wants everything split 3 ways, will I be able to direct the IRA asset holder to disburse to the 3 people in the will (myself and two siblings) instead of just the beneficiary (me)? Thank you
answered on May 8, 2023
Not likely the financial institution will all but certainly follow the beneficiary designation. However, you can make a personal gift if you want to after the distribution.
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
answered on Apr 9, 2023
You might start by contacting an attorney who handles estate/probate law.
they are saying we committed a act of nuisance under chapter 19. they are wanting us to move my fiancee is to never return or live on the property and im allowed only 3 hours a day and cannot return for 10 years. they are tyring to say my dad cant rent his trailers for a year an then it has to go... View More
answered on Apr 1, 2023
Your issue could either be somewhat simple or somewhat complex, but it's difficult to tell from the information provided. For example, it isn't clear who owns "the property," what the "event" was, and why ALE was involved. To be able to help determine your potential... View More
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