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.
The remaining asset is a life insurance policy $1,000 with no named beneficiary. Funeral expenses were paid for by myself. The death certificate is pending. I don't reside in the state. My grandmother is probably going to file for executor of the estate as she mentioned having to sale land to... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023
You could hire a NC attorney to search the title and determine heirship. Then draft and record an Affidavit of Heirship as the heirs' source of title. If Probate occurs, the real property is not part of the Estate unless the administrator tries to force a sale of it to pay creditors. That... View More
I have been told thatI need to get an Attorney as administrator of the Estate due to their being 3 other heirs. I just want to know if that is necessary?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023
No such estate as "joint tenancy". Instead it is either joint tenancy with right of survivorship, or it is tenancy in common. And most likely the latter, where Mother's heirs take one half of the title. Hire a NC attorney to search the title, determine ownership, and advise... View More
I have been told thatI need to get an Attorney as administrator of the Estate due to their being 3 other heirs. I just want to know if that is necessary?
answered on Jun 26, 2023
Mr. Avery is not entirely correct here. I would not be surprised to see either type of ownership. It is very common to have a joint tenancy created among family members to avoid probate. In joint tenancy, everything would have passed to your sister the second your mother passed. To confirm this,... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
They have been separated since 2002. He resides in Mexico and he wants me to take care of all her finances.
answered on Mar 10, 2023
It sounds to me like you are saying your father has a power of attorney for your mother, and can he transfer that power of attorney for your mom to you.
A power of attorney does not survive the death of the person who signed it. Because your mom passed away 12/18/2022, any power of... View More
He's daughter 16. So we couldn't get nor even his clothes?
answered on Feb 1, 2023
Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to... View More
All he has is clothes tools and golf cart trailer
answered on Jan 31, 2023
If a North Carolina resident dies without a will, is not married, and has a child, the child inherits all property. Go to the courthouse to the Clerk of Court Estates Division for the county where he lived when he passed and open up a simple estate for him. Some Estate departments are "by... View More
All he has is clothes tools and golf cart trailer
answered on Jan 31, 2023
I am sorry for your loss.
The disposition of his assets are covered under North Carolina probate law. Someone will need to at least consult an attorney to see how his assets can be distributed. His girlfriend has no legal relationship to him, and therefore has no legal right at all, to do... View More
The person who died has two living sons. Another son pre-deceased her. That son has two living adult children. Could a court disinherit them?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2023
Courts can determine heirs and next of kin. You might hire a NC attorney to determine heirship and record an Affidavit of Heirship to establish their source of title.
My biological father never changed deed to property nor did my mom who has rights to property
answered on Oct 17, 2022
This very much depends on what the deed itself says. Based on how the question is worded, it sounds like the deed was in one or both of your parents' names.
How your parents owned the property matters (with the default being tenancy by the entirety for married couples). If both your... View More
The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do
answered on Sep 12, 2022
I agree with the other answer but you may also have to open an estate and be appointed as the administrator in order to negotiate the check due to ita large size. The Trustee may refuse to issue it in your name only because theoretically, your husband could have other heirs besides you.
The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do
answered on Sep 12, 2022
It sounds like the check came from the bankruptcy trustee. Contact the trustee and ask to re-issue the check in your name only. Be prepared to submit the certificate of death for the Trustee's due diligence.
The estate constitutes a house and a business. The deceased wanted her brother to live in the house until he decided not to and own the business. However, this wish was never legalized in a revised will. So, based on a 2009 will, all assets are divided amongst the 4 siblings, who are not all on... View More
answered on Aug 19, 2022
Any owner of the house can use it as they see fit as long as they don't prohibit the other owners from accessing the house as well and don't intentionally damage the value of the house.
As to the business, I or any other lawyer would need to read the documents pertaining to how... View More
So can I assume the front part 1 is also 0 And I am done. Can I mail it in
answered on Jul 10, 2022
The answer to your question depends on who you are, how much was in the estate at the date of death, and where you are in the process. Simply filling out the 506 is not enough. Have a consultation with a probate attorney to make sure you've done everything properly.
My father recently passed away. He did not have a will. My mother is alive and was his legal spouse. Most of the assets are in both of their names. My dad had a life insurance policy on me and one for my sister where he was beneficiary. My mom was not listed on the policies. He had taken out a loan... View More
answered on Jun 28, 2022
You don't have to go to court at all, if your mother will be administering his estate. Have her meet with an attorney as to what to do, as the attorney will want to review all assets and debts related to the estate, before giving any definitive answer. If you or your sister intend to... View More
sister had no will. not married and no children.
answered on Jun 23, 2022
If you want your name on a deed, you will have to file one at the register of deeds. You can do this, but I advise you get a lawyer to draw up the document.
The actual legal transference happens when you probate a copy of her estate in the county where the property is located.
My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still... View More
answered on Jun 7, 2022
Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.
Contact myself or another... View More
To go through probate or can I continue with the home loan through the bank?
answered on May 12, 2022
Unless the house is specifically mentioned in the will that it is to become part of the estate it does not automatically become part of the estate. The executor of the estate will likely have to join in the sale to release any potential interest the estate has but you should do everything in your... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
