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North Carolina Probate Questions & Answers
1 Answer | Asked in Family Law, Estate Planning and Probate for North Carolina on
Q: Mother has dementia, I’m hcpoa, brother named executor upon my dad’s recent death...

My question is does my brother legally control all assets and funds due to my mother having dementia?

Ben Corcoran
Ben Corcoran 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.

1 Answer | Asked in Probate for North Carolina on
Q: If I own a home that I paid the monthly mortgage payment directly to the owner and the owner was a close friend that die

Do I have to attend the probate court or can my lawyer represent me?

Ben Corcoran
Ben Corcoran answered on Apr 9, 2021

Generally speaking, probate matters do not actually go to court like you may be thinking. The clerk's office will handle much of the estate and potentially the estate will hire a lawyer to assist them. What you need to do is find out who the new owner(s) of the property are and where to send... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: If a will leaves you "each and every item of my property and estate, whether real, personal or mixed" and further states

" I hereby give, devise, and bequeath my entire estate to" does this type of language allow one to bypass listing items ( car, stocks, accounts, etc.) without the beneficiary's name on it on the AOC-505? It is my understanding that items with the beneficiary's name on them or... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 8, 2021

I would have to review both the will and the related documents to give specific advice as to what needed to be listed. But generally speaking if the property is passing through the estate then it needs to be on the inventory.

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father passed away last yr. I have a question about the estate and my rights. Can I make my sister move off property

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... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read more »

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: What do I need to do In NC if My mother died 10 days ago and I am the only aire?
Ben Corcoran
Ben Corcoran 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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My stepfather passed of a sudden heart attack. He has no will and a mother who is still living so her and my mother have

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... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: What's the best way to locate or confirm the contents of my late fathers will if his 2nd wife isn't cooperating?

I don't even know if there is a will, but I want to try to get access to it. I don't think he has a physical copy, but his 2nd wife is being irrational and won't let us look for one.

Ben Corcoran
Ben Corcoran answered on Mar 22, 2021

Hopefully, it was filed for safekeeping at the local clerk of court's office. I would check there, they will not let you look at it until it is probated but they should be able to tell you if they are keeping one for him.

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... Read more »

Ben Corcoran
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...
Read more »

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 Probate for North Carolina on
Q: Is it feasible (next of kin) to attain an Attorney for a simple (99%) Probate - no heirs/spouse/children; <$50K Estate?
Ben Corcoran
Ben Corcoran answered on Feb 26, 2021

Given the fact that you are posting this from TX, I would recommend it. Having a local attorney would probably be worth the hassle of closing the estate.

1 Answer | Asked in Probate for North Carolina on
Q: Can a wife sell land and homes owned by husband and his parents before he was married to his first wife, and she is 2nd

He died 2 yrs ago, they have 1 child from separate marriages and 1 child together. My mother in law insists the house we occupy is now hers as she sold the family home. My husbands grandparents and father expressed that husband would get our home which he has been in for 20yrs. Noone else has seen... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 24, 2021

I would have to review the will (if it exists), the estate file (if it exists), and other relevant documents to be able to answer your question. My advice is to hire a local attorney to review the issue and give you their opinion.

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... Read more »

Ben Corcoran
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 Probate for North Carolina on
Q: Mother deceased. I am the executor of her estate in North Carolina. What documents do I need in order to sell her car

The car title is in my Mothers name only

Ben Corcoran
Ben Corcoran answered on Feb 15, 2021

You just need her old car title, the buyer may ask to see proof that you can act in her name but the letters given to you by the court should suffice. In order to properly sign it over you should sign ""Mother's Name", by "Your Name" executor of "Mother's Name" estate."

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... Read more »

2 Answers | Asked in Probate for North Carolina on
Q: My mother died without a will (North Carolina). Father died prior. How do siblings divide the property, need probate?

Probate is only when there is a will, correct?

So how does the deed get amended to reflect the siblings own the property and not the deceased?

Charles Evan Lohr
Charles Evan Lohr answered on Feb 8, 2021

You will need to initiate an estate administration to pass title. Feel free to let me know if I can help.

Evan Lohr

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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... Read 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 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
Amanda Bowden Johnson 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... Read more »

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... Read more »

Ben Corcoran
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.

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