It has been 1 1/2 years since her passing and he has yet to contact me. I sent him a letter requesting certain items, but received no reply. Nothing since her funeral. He has since remarried, and I was told her things were removed from the house. Storage? maybe. I need some closure, as I have... Read more »
Unless she left you something in a will, anything you gave to her as gifts are hers and are part of her estate. You would likely not have any direct claim to them or cause of action to force him to give you anything of hers. Should her husband give you something to remember her by? Likely he...Read more »
charge but am her oldest child. What can i do? I wish to return to her home and live there with my grandson. The payments have been made but want this mess cleared up. We live in NC. I have asked the person in charge to look into this matter but am told they can do nothing because of the mortgage.
Father in law died intestate in Tenn. No probate required. Owned a single piece of real property (land) in N.C. worth >$40k. He left a Wife and 3 adult children. If the adult children (and spouses) file renunciations for interest in the NC property, can his widow (spouse) file for summary... Read more »
My father mentioned their will a few times over the years. My Step mom mentioned the will just days before his death. She stated she would get everything. I discovered she closed estate on same day it was filed. She stated no will existed or has been found. Upon my request to see his will, a year... Read more »
There is no database to find out whether someone had a will and, if so, who drafted it. You contact local attorneys' offices, let them know your father is deceased and see if they have a will for him on file. You can also go to the Clerk's office with his death certificate and see if they have his...Read more »
Essentially, a deceased person could have taken any number of incredibly simple steps legal and / or illegal to ensure his or her surviving spouse gets absolutely nothing upon his or her death but cutting the surviving spouse out of a will is not one of them. So if the surviving spouse is...Read more »
Fiancé passed away. I was the caregiver and healthcare agent as well as the appointed power of atty- until the end. There was no will. The surviving child(19) doesn’t want anything to do with being the executor. It is my honor to carry out wishes my fiancé had for the child. (ie: equity/... Read more »
My condolences on your situation. In this case, since there was no will, North Carolina's intestacy rules will dictate how your fiance's assets are distributed. You may be able to be appointed administrator of the estate, especially if the child will agree that you should serve. Handling probate...Read more »
The North Carolina laws of Intestate Succession determine who will inherit when there is no will.
If there is no surviving spouse or children, the next in line are grandchildren. If some of the grandchildren have died before the person of whom you are speaking, then their children would...Read more »
My wife passed away and I have filed for the Assignment for Spousal Years Allowance with the Clerk of Courts. She has a few hospital bills that need to be paid, will my bank accept the sealed/certified Allowance Form (AOC-100-E) form of will they also require I file for an EIN number? When more... Read more »
You're off to a good start by filing the Spousal Allowance form.
If your wife listed you as the beneficiary (also called TOD or POD) on her financial accounts or if you had a joint account held as "joint tenants with right of survivorship", the financial...Read more »
My mom passed away in November without a will & has a settlement check coming in payable to her name. Her assets are less than the NC $30k spousal years allowance qualifications and I was told we could possibly fill out the Application & Assignment Years Allowance form (AOC-E-100) instead of... Read more »
My condolences to you and your family on the loss of your mother.
Yes, your father can file AOC-E-100 form with the Clerk of Court to get his spousal allowance without having to open an estate. Actually, the allowance has been increased to $60,000, so if there are any other assets such as...Read more »
The house is probably only worth what's owed on the mortgage due to slow and flooded real estate market. The rest of the estate consists of a high mileage 2007 vehicle worth about $3k, a utility trailer $200,and household goods/clothing around $500 (yard sale price) and a possible refund from a... Read more »
In order to open an estate, even for a small estate, if the personal representative of the estate does not live in North Carolina, you will need a resident process agent. That can be a trusted friend, but most often it's an attorney.
Regarding the house, I recommend you get an experienced...Read more »
The North Carolina statutes provide for a procedure to replace the executor if the executor dies. It's generally a very orderly process. The will may list successor to the executor or the Clerk may appoint someone. In your case, it sounds like the will listed no successor personal representative....Read more »
He passed away last year & had not seen his wife in 4 years. She abandoned him & has been w/ multiple men. She refused to sign divorce papers & went into hiding. After he passed away she has reappeared claiming she only left for a few months & remained faithful but had to leave due to him abusing... Read more »
If you father had no will, anything that doesn't automatically pass (such as joint accounts and life insurance with named beneficiaries) will pass via intestate succession which if you are the only child is spouse inherits 1/2 of intestate real estate and a portion of intestate personal property...Read more »
The other children want the one in the house to either buy them out of the house or to pay them rent. What is the best course of action since the child in the house refused to do either? At this point, the desire is for the child to move out so the house can be sold.
Hire an attorney to file a petition to partition the property. Family law attorneys are more likely to be aware of this type of claim. its an action before the clerk of court to handle this exact situation that will likely result in either a settlement of one party buying the other's interest or a...Read more »
My dad's NC house is paid-off and titled to him. His assets include only the house and household goods. If he died, would the house pass to "immediate family" under NC law, outside of probate? If so, since the assets subject to probate would be $20,000 would that allow the use of an affidavit as... Read more »
In North Carolina, real estate passes to the heirs at the time of death. If there is no will, that is determined by the laws of intestate succession. If there is a will and the real estate was specifically devised to individuals, that would override intestate succession.
If there was no will, the surviving spouse has priority to qualify as administrator of the estate. If there is no surviving spouse, the intestate heirs share equal priority to be the administrator. If you and the other heirs do not want this person to administer the estate, one of you can apply to...Read more »
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