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North Carolina Estate Planning Questions & Answers
1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

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

Ben Corcoran
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Ben Corcoran
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...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My sister died 2/19/21. Her husband died 1/11/21. Both had wills. My sisters will left all to husband.

Since he died before her she left all to her children. She had no children. Who stands to inherit?

Charles Evan Lohr
Charles Evan Lohr
answered on Mar 7, 2021

Her parents, if living, then siblings. Contact me at 919-348-9211 if I can help.

Evan Lohr

1 Answer | Asked in Estate Planning for North Carolina on
Q: If a Will is separate from an IRA of a decedent, should the Executor of the Will be giving beneficiaries IRA info?

The Will does not include the IRA. It is separate from the Will. The spouse is the sole beneficiary named in the IRA. The Spouse disclaims a portion of the IRA and the children now are beneficiaries of the portion disclaimed. The Executor of the Will wants to disclose to the children all of the... View More

Ben Corcoran
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Ben Corcoran
answered on Feb 25, 2021

Without reviewing the IRA documents, I cannot answer this question because it depends on the IRA distributions' specific language. By disclaiming a portion of the IRA, you may have placed that portion in the estate. That being said, my first impression is that what is in the IRA or any of the... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: I need help with filling out a AOC 506 form PLEASE
Ben Corcoran
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Ben Corcoran
answered on Feb 19, 2021

My advice is to hire a local lawyer to assist you.

2 Answers | Asked in Real Estate Law, Divorce, Estate Planning and Family Law for North Carolina on
Q: My husband and I separated July 2020, the mortgage lists both names, am I still financially responsible for late pmts

We both agreed that he was going to keep the house and will refinance it to remove my name. I still pay the HOA fees and the water bill there.

Ben Corcoran
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Ben Corcoran
answered on Feb 19, 2021

Until your husband refinances, imagine that you cosigned the loan. My suggestion to you is that you should not deed your interest to him until he refinances.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My mother died this year and left a will dividing everything 50/50 between 2 siblings. Both of us lived with her at time

of her demise. My wife and I paid $500/mo (more than double expenses and brother did upkeep on house and cut grass for his share). He has since told us we can only have access to the basement/bathroom area and are not allowed to use the remaining 1725 sq ft, the double garage, neither storage... View More

Ben Corcoran
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Ben Corcoran
answered on Feb 17, 2021

you need to speak to a local probate attorney, without looking at the documents such as the deed to the property and others we cannot give you specific advice on this forum.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: If ex husband dies and current wife lives in home co owned by me and ex. What rights will new wife have regarding house
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 10, 2021

The answer to that depends on the terms (or lack thereof) of your ex-spouse's will. He could have bequeathed his interest in the property to his new wife, in which case both you and she will own a 50% interest. If he died without a will, his interest in the property will pass pursuant to... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: Need advice on how to setup a trust to protect a historic property in PA, owned jointly by me and my brother

I live in NC, my brother lives in MD. Which state would we need to establish this in and what type of trust would we need.

Ben Corcoran
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Ben Corcoran
answered on Feb 9, 2021

You can choose any of the three states, or even a completely different state. It might be simplest to set up the trust in PA as that is where the property is located, but I do not know PA or MD trust law, so I cannot advise the difference between PA, NC, and MD law.

As to the type of trust,...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My family moved from Nyc to North Carolina. We have a will and proxy written in NYC. Does the move invalidate our will

It’s a fairly simple will, no trusts. The only thing that we’re concerned about is beneficiaries as all their addresses have changed as well as ours. Do you see any issues that might arise?

Angela L. Haas
Angela L. Haas
answered on Feb 8, 2021

Moving does not invalidate the Will, and the addresses were to help determine who the beneficiaries are, in the event they are not known (i.e., there are 6 "Todd Smith's" that it could be - it would be the one that lived at that address at the time the Will was executed). So long as... View More

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My husband n I live in nc. We lgot married4/210 bought the home 7/2010 he carried mortgage he died 2018 my names notdee

Not on deed No will I paid 71,000, 30,000 we paid for do I own the home

Angela L. Haas
Angela L. Haas
answered on Feb 8, 2021

You could file as a creditor to his estate estate, and claim that he was holding it in trust for you, pro-rated to take into account the amount you contributed.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Me n my husband bought home 2010 got married 2010 he died 2018 my name not on deed who owns house

My name is not on deed in error. No will who owned home his kids or me

Angela L. Haas
Angela L. Haas
answered on Feb 8, 2021

Depends on whether he had a Will, how many children he has, and how much debt he has. If he died without a Will, and the house is not needed to pay any of his debt, and he had more than one child, then you own 1/3 and the kids own the other 2/3.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Parents are divorced but both are on the deed, father passed away in October, I'm the only heir, will I get the estate?

My mom lives in a different country about to marry someone else. My father passed away in October. In the divorce decree it states that she will sign over at will, she is not entitled to or awarded to anything. So with me being the only heir, the estate goes to me correct? I can become... View More

Charles Evan Lohr
Charles Evan Lohr
answered on Feb 3, 2021

This could be a relatively complicated issue and will require review of the divorce documents. Feel free to contact me for assistance.

Evan Lohr

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: I am on disability and my parents are both deceased, how do I get my name on the deed since there wasn't a will?

I have been living in the home since 2009 and my daughter and I took care of them until they passed away my mom passed 11/2015 my dad 12/2015 and I just started receiving disability in the summer of 2016. I have been paying the property taxes but now they are saying I owe more money for... View More

Anthony M. Avery
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answered on Feb 2, 2021

The former owner is deceased, so he cannot convey. Hire a competent attorney to search the title, determine heirship, and draft an Affidavit of Heirship to be recorded. That Affidavit becomes your recorded source of title. The taxes sound serious. Taxes are a lien against the land, and might... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Probate and Estate Planning for North Carolina on
Q: What are the statue of limitations of a Will? What if sibling changed mothers Will and won’t share a copy?
Amanda Bowden Johnson
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answered on Jan 30, 2021

You haven't provided much detail so we really can't provide you with a meaningful answer - especially in a limited forum like this however, a sibling can not change your mother's will - only your mother could do that. Your best bet is to consult with a local wills and estates... View More

2 Answers | Asked in Estate Planning for North Carolina on
Q: What would be the first step I should take in gaining right to my deceased grandfathers assets? (Land/home)

There was a written will, not filed with an attorney.

Nina Whitehurst
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answered on Jan 27, 2021

Hire a probate attorney who practices in or near where your grandfather had lived when he passed.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: My mom wants to leave her house to my son. She has 3 children and 3 grandchildren. Does the will need to be registere?

The home is in Raleigh, nc.

Ben Corcoran
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Ben Corcoran
answered on Jan 27, 2021

I am not sure what you mean by registered, but the only way for her to do this is by formally making a will and leaving the house to your son.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My mom is the trustee of my grandfathers will and he's deceased now.. I am a beneficiary but I'm not getting the money.

The money I have left isn't being distributed like it should. She is letting her husband make the call and he has nothing to do with my money. Hes mentioned taking out some and he tried to send it but i couldn't receive it the way he tried so he took it back. I dont know if its being put... View More

Ben Corcoran
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Ben Corcoran
answered on Jan 26, 2021

To know what your options are, any lawyer is going to need to review the trust documents. My recommendation is to contact a local lawyer and have them review everything and have them give you their opinion on your options.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My daughter was born out wedlock. Dad name on record as dad. Died without her knowing. She's adult is she heir?

He never claimed her and he have other kids that are all grown.

Ben Corcoran
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Ben Corcoran
answered on Jan 18, 2021

If he died in NC and had no will, then yes she is an heir. If he did have a will, and she is not named in the will then your daughter might be able to challenge the will but that is a potentially expensive and time-consuming process. Consult a lawyer in the county where he died to see what your... View More

1 Answer | Asked in Estate Planning and Tax Law for North Carolina on
Q: Executor will not release fed and state tax returns from estate to heirs. Deceased died august 2016 and estate 5

heirs all related to deceased and estate no settled estate and trust raleigh nc

Ben Corcoran
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Ben Corcoran
answered on Jan 13, 2021

If you are unsatisfied with how the administrator is handling the estate, you need to speak to the clerk's office. The clerk's office would probably like to close this estate and will be willing to lean on the administrator some to assist you.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: What exactly does a judicial sale of estate mean? I live in North Carolina

I inherited 30 acres and house from neighbor who had no family. There is no mortgage and I know debt owed is less then 30,000. Court appointed estate administrator. Can he sell all of the property? Can I sell X amount of acres to cover debt??

Anthony M. Avery
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answered on Jan 8, 2021

You should go to the Court Clerk that has the Probate proceeding. Read it verbatim. That should at least somewhat tell you what is going on. When you say that you inherited the real property as a non family member, that would be impossible. If there is a Deed or Probated Will with you getting... View More

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