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North Carolina Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My uncle died with no will & I was wanting to know if his nieces and nephews are the next in kin (heirs)?

He had no spouse, no children, & his parents & siblings are deceased. I wanted to make sure if my uncle's nieces & nephews are the next in kin (heirs).

If we are his heirs, this leads into another concern - my cousins (his nieces) are currently ignoring & avoiding me... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 28, 2020

Under NC law if there is no will and given the family tree that you described, you, your sibling, and your cousins are the heirs.

If they are not opening the estate then you should apply to have it opened at the Clerk's office, you will have to get waivers from the other heirs or...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: NC I live in the home with my parents. The mortgage is in my father name. How do make sure I can keep my parents house

If my father should pass away. Will quitclaim work?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 27, 2020

Who is on the mortgage is irrelevant - that's just who is obligated to pay for the house - not necessarily who owns it. Whether you get your parents house depends on whether whoever owns the house wants you to have it. For example, if the deed to the house is in your parents names and they... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: In N.C. is the Personal Representative supposed to notify all potential heirs when probating an estate?
Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

If the decedant left a will then, the PR has less of a duty to notify potential heirs. As the will should clearly specify who was to receive under the will, and the PR has a duty to act in accordance with the will.

If the decedant did not leave a will, then all potential heirs have an...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do I become executive of my mom's estate she passed and although I was told my parents were divorced they are not

I am her only child they have been separated my whole life

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

It depends on whether or not your mom had a will.

If she did not have a will, you need to make an appointment with the local Clerk's Office and ask to be appointed, tell them the situation and hope that they will immediately appoint you. If not, you will need to wait 90 days from the...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for North Carolina on
Q: If my dad is divorce from my mom if both names are the land he owned, am I entitled to the property

My dad lived in North Carolina mom and dad have been divorced for over 10 years of my mom's name is on the lean is she entitled to the property or am I or can I benefit from the sell

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 21, 2020

If your mother's name is on the deed (not the mortgage, the DEED), then she has an ownership interest in the property regardless of whether she has divorced your father. So it seems like your mother and father still might own the property, each having a 50% interest.

Unless either...
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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...
Read more »

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 »

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: My Father-in-law passed recently and we are trying figure out if we should do the affidavit probate process?

1. Shared property with 2 other siblings (now 1 remaing)

2. His portion of the house was given to ex as part of divorce. Need to verify if that was legally transferred.

3. Deceased sibling has medicaid attempting to reclaim

4. FiL has potential IRS Lien on property... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 3, 2020

Probate would be giving the house to creditors. Hire a competent attorney to conduct a title search, then draft and record an Affidavit of Heirship. The Heirs take as Tenants In Common subject to the liens and debts. But there are SOL's for execution of such liens, which can expire,... Read more »

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 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.

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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1 Answer | Asked in Estate Planning, Civil Litigation and Probate for North Carolina on
Q: Can an executor have a deceased person's vehicle towed from someone else's property?

My father passed away and I am his executor and sole heir; my siblings were not granted anything in his will. He died at home, and the police gave his keys to my brother who lives next door. Immediately afterwards, my brother took my dad's truck and put it on his own property. The police... Read more »

Angela L. Haas
Angela L. Haas answered on May 21, 2020

The police won't get involved, as they do not want to be in the middle of interpreting civil documents, unless that civil document is a Court Order. As executor, you have a duty to collect all property and then distribute it. If he won't return the property, or buy it for a fair market... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: Mother left commercial property to me in her will. It is located in NC. Is it mine upon death w/ no probate necessary?

I want to avoid probate and was told that upon death the property is mine. Do I have to go through the court system?

Charles Evan Lohr
Charles Evan Lohr answered on May 13, 2020

Yes, the will must be admitted to probate in order to establish the chain of title. Feel free to contact me if you would like assistance.

Evan Lohr

Attorney

(919)348-9211

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