Lawyers, Answer Questions  & Get Points Log In
North Carolina Probate Questions & Answers
1 Answer | Asked in Probate for North Carolina on
Q: Probate question regarding dwnpymt to contractor who passed. Family didn’t file probate said they would include claim.

Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?

Ben Corcoran
Ben Corcoran answered on Jan 21, 2022

Once 90 days since the death has passed, any interested party can open the estate and apply to be the administrator. However, you will likely have to post a bond, and the wife can claim the first $60,000 in the estate before any creditors get paid. I don't know how much your deposit was, but... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away recently. My mom filed out Application & Assignment of Year's Allowance.

This has been granted through the courts. How does she access this money & what can it be used for?

I don't understand where the money comes from (all that we have listed on the form is cars/boat/personal property). All bank accounts were joint. Is this money that she can get to... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 14, 2022

Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Parents have a trust, but dad never changed titles of property or accounts into the trust. He recently deceased.

Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?

What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2022

You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... Read more »

2 Answers | Asked in Criminal Law, Probate and White Collar Crime for North Carolina on
Q: After being named Executor for the estate it's discovered that the (POA) took atleast 180,000 for personal use.

POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2022

This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a... Read more »

View More Answers

1 Answer | Asked in Probate for North Carolina on
Q: If a beneficiary is married and dies before they inherite, does the spouse inherite. They have no children.
Ben Corcoran
Ben Corcoran answered on Dec 2, 2021

Depends on how close together the deaths are, and whether or not wills are in place for both parties. Bring everything to a local estate planning attorney and ask them for their opinion on how to proceed.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do we handle creditors who want the inventory information in order to settle accounts for less than 50%?

We have about 23,000 in the estate account to pay creditors. We are not selling the house willed to us because my husband and I live their with our kids. There is about 53,000 worth of debt. Medical, 1 credit card, and 2 home improvement loans. Some of the creditors wants a debt to asset ratio in... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 15, 2021

This sounds like a very technical question that I couldn't answer without seeing all of the paperwork. My advice is that you get all the paperwork in front of an attorney and let them advise you more completely.

2 Answers | Asked in Probate for North Carolina on
Q: A woman I know is getting inheritance and her lawyer is telling her she has to have beneficiary to be able to get her.

He want my Social Security number .I don't want to do that.Can you advise me?

Nina Whitehurst
Nina Whitehurst answered on Oct 20, 2021

She does not have to designate a beneficiary for her inheritance in order to receive her inheritance. She can receive her inheritance and then later designated beneficiary.

View More Answers

1 Answer | Asked in Probate for North Carolina on
Q: Why do you have to wait six months before you can disperse money from an escrow account.

I was recently named executor of my mothers estate (in NC) and will be selling the family home this month. I was told that the money will have to stay in escrow for six months. My question is why 6 Months???

Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2021

Since you filed for Probate, you will have go through with the process. Someone might have a claim against the Estate which could render it insolvent and require the sale proceeds to satisfy the claim. There is probably a title insurance requirement involved with the purchaser's loan. If... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: My mom died 8 yrs ago. She lived in FL. still has bank accts. How do I gain control of them? I'm in NC.

I have her death certificate. I do not have her will. executor refuses to do anything about it.

Ben Corcoran
Ben Corcoran answered on Sep 27, 2021

Ask this question on the FL boards, very few NC attorneys can offer legal advice regarding a FL matter.

1 Answer | Asked in Probate for North Carolina on
Q: Mom and brother lived in VA while I live in NC. I was their Executor. Why was there a Bond when both Wills said NO bond.
Ben Corcoran
Ben Corcoran answered on Sep 2, 2021

This is actually a question for VA lawyers and any answer you get from an NC lawyer is likely pure speculation.

I do know that if you lived in VA and the estate was in NC you would be required to post bond because you are out of state.

1 Answer | Asked in Probate for North Carolina on
Q: Can a beneficiary sue a trustee for embezzlement of deceased assets, if they have proof of their wrong doings?

Bank, mortgage insurance and tax fraud against deceased and beneficiaries.

Ben Corcoran
Ben Corcoran answered on Aug 26, 2021

Almost certainly you can sue, I highly advise that you find a lawyer who practices in this area and talk to them to get a better idea of what your options are.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: First cousin died intestate.I responded.Lawyer wants response stricken cause I'm adopted child of uncle

1st cousin (child of her uncle)

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

If they legally adopted you, you are treated no differently than a biological member of the family under the law. Whether or not you have any rights to your cousin's estate is a separate matter and would turn on how many surviving family members your cousin had.

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: First cousin died intestate I responded.I was listed as intestate heir, a lawyer wants to strike cause adopted

In NC I am adopted 1st cousin

Charles Evan Lohr
Charles Evan Lohr answered on Aug 2, 2021

I would need to see the petition filed by the lawyer to give you a worthwhile opinion. Feel free to contact me.

1 Answer | Asked in Probate for North Carolina on
Q: Good morning is there a way to become executor of estate if others will not released other sign. In the state of NC
Ben Corcoran
Ben Corcoran answered on Jul 8, 2021

Depends on whether or not someone was named in the will if there even is a will. If no one has come forward within 90 days from the death then anyone interested can serve as executor provided the clerk approves them.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: $83k value intestate estate, $23k to lawyer. Clerk of Court requested lawyer petition for fees. Why is this being done?

Closing out estate after almost 2 years. The overall estate value is $83k with $23k going to the lawyer. Now Clerk of Court is requesting lawyer petition the court for fees. I am supposed to sign a document agreeing to this. Why am I being asked to do this? Is this normal? Is Clerk questioning the... Read more »

Ben Corcoran
Ben Corcoran answered on Jun 22, 2021

Some Clerks across the state require that lawyers petition to get fees paid, others view it as an issue between the executor and the lawyer. This sounds like an example of the first issue, and you have to comply with the Clerk's wishes.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Estate Planning and Probate for North Carolina on
Q: Person leaves land to 2 people. 1 of the people die and its inherited. Can 1 sign it to someone w/o both party's consent

My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2021

It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for North Carolina on
Q: My Grandfather died in 2007, he was 92 yrs old. His step children took him to change his Will, shortly before his death

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Elder Law, Probate and Small Claims for North Carolina on
Q: How do you locate an Will from 1950's? I've tried finding it, with no luck! I have MS, I can't afford a Lawyer to help!

My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.

My Father also died in 1978. My Brother and I are the only living relatives!

Our entire life, we were told her Will... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 21, 2021

A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: In NC can a girlfriend of over 20yrs inherit anything from partner who has died? He had property and has a bank account.

His sister has taken over the house and everything. The car was to go to me and my name is on title. There is no will. It is like I don't or never existed. They have been using his money.

Ben Corcoran
Ben Corcoran answered on May 17, 2021

Without seeing the car title and bank information, I cannot answer your question fully. However, the likely answer is that no, you will not inherit anything. Since the car was at least partially titled to you should still have an interest in that. The bank accounts ownership depends on how they... Read more »

2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

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... Read more »

Ben Corcoran
Ben Corcoran 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.

View More Answers

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.