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North Carolina Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My husband passed away with a lot of credit card debt and medical debt. Am I responsible to pay off that debt?

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.

Ben Corcoran
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Ben Corcoran
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.

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: How to remove deceased dad's name from deed if I'm the only heir and tenants in common with my dad, without probate

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

Anthony M. Avery
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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

2 Answers | Asked in Real Estate Law and Probate for North Carolina on
Q: My mother passed in March. She and my sister own a house as joint tenancy. Is my sister now the sole owner?

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?

Anthony M. Avery
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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

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2 Answers | Asked in Real Estate Law and Probate for North Carolina on
Q: My mother passed in March. She and my sister own a house as joint tenancy. Is my sister now the sole owner?

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?

Ben Corcoran
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Ben Corcoran
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

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: I had (2) 1/2 siblings that died (mom). Their uncle died (dad) and they were the ONLY next of kin. Am I an heir?

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

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for North Carolina on
Q: Do I have to use the surplus funds check from my deceased dad's house to pay any debts?

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.

Lynn Ellen Coleman
Lynn Ellen Coleman
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

1 Answer | Asked in Probate for North Carolina on
Q: Can my father transfer power of attorney to me my mom passed away 12/18/2022. He is legally married but seperated.

They have been separated since 2002. He resides in Mexico and he wants me to take care of all her finances.

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Another question regarding about my brother passing with a will. So his daughter is entitled to everything not us?

He's daughter 16. So we couldn't get nor even his clothes?

Lynn Ellen Coleman
Lynn Ellen Coleman
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

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My brother died and his girlfriend want let us get his belongings. He has a 16 year old daughter. Who is entitled to it?

All he has is clothes tools and golf cart trailer

Lynn Ellen Coleman
Lynn Ellen Coleman
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

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2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My brother died and his girlfriend want let us get his belongings. He has a 16 year old daughter. Who is entitled to it?

All he has is clothes tools and golf cart trailer

Barry W. Kaufman
Barry W. Kaufman
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...
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1 Answer | Asked in Probate for North Carolina on
Q: Can intestate status in North Carolina be challenged in court to exclude some heirs?

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?

Anthony M. Avery
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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.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Mom died with no legal will have half sister tht is not my biological father's daughter and she was never adopted intitl

My biological father never changed deed to property nor did my mom who has rights to property

Ethan A. Trice
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Ethan A. Trice
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...
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2 Answers | Asked in Bankruptcy, Estate Planning and Probate for North Carolina on
Q: Need to cash a check that has my deceased husband and me on it. Bank won’t accept because it is more then$10,000.

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

Lynn Ellen Coleman
Lynn Ellen Coleman
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.

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2 Answers | Asked in Bankruptcy, Estate Planning and Probate for North Carolina on
Q: Need to cash a check that has my deceased husband and me on it. Bank won’t accept because it is more then$10,000.

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

Cristina M. Lipan
Cristina M. Lipan
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.

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1 Answer | Asked in Probate for North Carolina on
Q: What happens when the heirs of a will, who are named as equal shares, do not agree on the division of assets?

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

Ben Corcoran
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Ben Corcoran
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...
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1 Answer | Asked in Probate for North Carolina on
Q: I am filling out estate form 506. The back sections are 0. Everything was willed to me.

So can I assume the front part 1 is also 0 And I am done. Can I mail it in

Angela L. Haas
Angela L. Haas
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.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do we have to go to probate court for all assets on an estate even if we only have questions on a portion of the estate?

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

Angela L. Haas
Angela L. Haas
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

1 Answer | Asked in Probate for North Carolina on
Q: how can i get my name on deed on house inherited after sister passed. nc law says i dont need name on deed

sister had no will. not married and no children.

Ben Corcoran
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Ben Corcoran
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.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: When someone dies Intestate and there were children out of wedlock, do they inherit?

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

Ben Corcoran
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Ben Corcoran
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...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My Godmother passed away and Me and her niece are in the will for the house. I want to buy her half does the house have

To go through probate or can I continue with the home loan through the bank?

Ben Corcoran
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Ben Corcoran
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

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