I'm asking you this because their aunt and grandma are trying to take over everything. Can they do that?
answered on May 21, 2021
It depends on if your friend had a will. If there is a will, that will dictate who can handle the estate and who the property should go to. If there is not, then the children would be entitled to the property and the 20 year old would have priority to administer the estate. Please feel free to... View More 
My Brother and I were his only Grandchildren. Our Father (his Son), was an only child, died in 1978.
His 1st Will had left his home to my brother and I, which had been that way his entire life!
He had a home, his 3rd wife had a home elsewhere. It was agreed, his property would go... View More
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answered on May 21, 2021
If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... View More
How do I get the mortgage in my name?
answered on May 17, 2021
Talk to the bank and get it refinanced into your name, unfortunately, this will cost some money but the bank will likely eventually force you to do this or pay it off fully.
Is this allowed? Is there a certain number of years that have to pass for this to be legal and the nursing home not get to claim his house?
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answered on May 12, 2021
Yes, that is legal but it is either a good idea if done right or a disastrous idea if done wrong. If you try to do this yourself you will most likely do this the wrong way if you yourself are not an experienced elder law attorney.
Regardless of how you accomplish the transfer, this will... View More
My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... View More
answered on May 7, 2021
It will save your heirs some money if you do so. If there is no beneficiary, all of the assets in the IRA will be subject to the audit fees from the Clerk's Office.
Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.
answered on May 5, 2021
You would have to probate in FL, and while there may be some lawyers on here that can practice in NC and FL you will have better luck posting in the FL section.
so my wifes sister is now trying to sue us for 25000 dollars because she thinks shes entitled to part of the house. the house sits on a rented lot which ive paid for the last 4 years, ive also paid the taxes, paid for all upgrades including new appliances and ac unit, and paid for the upkeep. i... View More
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answered on Apr 29, 2021
Yes, your wife's sister has legal standing to sue. Whether she will prevail or not is an entirely different question, and you did not state any facts on which she might rely. The usual grounds for setting aside a deed would be fraud, misrepresentation, coercion, undue influence and/or elder... View More
The court appointed administrator has not processed the vehicles listed in the estate with the NCDMV. The heirs do not have legal authority to settle the vehicles. They do have ownership of the tract of land and have a contract to sell the land.
answered on Apr 23, 2021
You need to talk to the administrator, it is their responsibility to transfer ownership of the vehicles to the heirs. If you do not want to go through the hassle you can leave them there and let the new owner deal with the problem.
answered on Apr 21, 2021
Talk to the clerk of the county in which you are handling the closing, tell them you need to transcribe the will over to the other county. They will know what you are talking about and help you through the process.
My grandmother wants to sign over her home to me that is paid for but she wants my husband and I to agree to a postnuptial agreement before she does so because she would not want my husband to touch it in the future. She said she would have to agree to what the postnuptial insisted of exactly... View More
answered on Apr 15, 2021
You can do a postnuptial if that is what your grandmother requires, or during the conveyance of the property your spouse can join your grandmother and waive all spousal rights to the property. But if those are your grandmother's conditions you can't force her to give you the property.... View More
My question is does my brother legally control all assets and funds due to my mother having dementia?
answered on Apr 13, 2021
Depends on the will or lack thereof, also you are the HCPOA but is there a durable POA also in place for your mother? You probably need to take all your documents to a local attorney and get a more tailored opinion.
answered on Apr 13, 2021
There is no set timeline for abandonment of personal property in NC, in this situation. What you need to do is give the other person a clear timeline, in writing, explaining that they need to remove their property otherwise you are going to treat it as abandoned and dispose of it.
the property was willed to the 3 of us. however my sister has moved into home not paid rent to me or my brother, nor paid the property taxes.
She wont let myself nor my brother on property unless she is there and we still have personal items to be devided between us. She told me I have to... View More
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answered on Apr 2, 2021
It appears no Probate has occurred, and this might be a good candidate for such a procedure. Probate Administration is expensive and lengthy, but that is probably the only way to really resolve the situation. Hire a competent attorney and do not forget about the taxes, which might be construed... View More
answered on Apr 1, 2021
Depends on whether or not your mother left a will and the size of her estate. If it is a small estate then talk to the local clerk and you can try and handle everything yourself, or if you would feel more comfortable, hire an attorney to assist you in the process.
I am the only surviving sibling. My nephew is saying he’s entitled to $130,000 and that I will get $40,000 and other nieces and nephews will get $14,000 a piece. I don’t think my nephew should get that much. What can I do ??? I’m seeing a lawyer on 4-12-21. But there trying to wrap things up... View More
answered on Apr 1, 2021
Wait and talk to the lawyer, under NC law there is a very specific method of how the estate is to be divided. Make sure the lawyer you are speaking to is allowed to practice law in NC.
We want 100% go to living spouse. Just need to make sure this. We have adult kids and grandchildren. In the event both of us died then we can let them have the asset.
But when one of us died, we want to make sure the living spouse is not left in a limbo and have to leave the house.
answered on Mar 31, 2021
Depends on what you mean by property, real property passes outside the estate unless specifically brought into the estate. However, with most married couples the property automatically passes to the surviving spouse by virtue of the deed. Bank accounts and stocks are very similar, where they... View More
His real estate property divided 50/50. There is some tractors and farm equipment that were in his possession and he has had ever since his father passed in 2011. Now my question is the brothers now claim all the farm equipment was not my step fathers but instead theirs and have threatened to call... View More
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answered on Mar 30, 2021
You may need to file Probate here if enough assets are present. Administering the Estate will allow the relatives to file Claims Against the Estate if they truly feel they own some of those items of personal property. Hire a competent attorney to talk to you about this. Criminal charges like... View More
The new wife says she does not want any of the things he has before her.
But the children wants her to sign something stating that she will not have life time rights to the house or land.
The house property and bank accounts life insurances are willed to children and grand... View More
answered on Mar 22, 2021
They will both have to sign a pre-nuptial agreement. That is the only way to get her to waive her rights to the spouse allowance and elective share.
The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... View More
answered on Mar 16, 2021
If I understand this correctly, the current owners are you and your nephew. And your nephew wants to keep his portion of the land.
You really have two options, the first you have attempted, you buy out your nephew, but he has to agree to this option.
The second is that you file a... View More
Since he died before her she left all to her children. She had no children. Who stands to inherit?
answered on Mar 7, 2021
Her parents, if living, then siblings. Contact me at 919-348-9211 if I can help.
Evan Lohr
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