Lawyers, Answer Questions  & Get Points Log In
North Carolina Probate Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Q: My brother is in probate sister removed as mom's guardian. Can I enter the case so I can give the judge a proposal?

My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care. My... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: How can I avoid probate of my house in NC upon my death? I'ma widower. Are a Trust or life estate the only options?

All other non-real property is set via POD designations to pass equally to my two adult daughters. My goal is to avoid probate.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You may be able to do a life estate deed. You should consult with an estate planning attorney in your area.

View More Answers

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My aunt is in the hospital with a tube breathing for her and her daughter that she doesn't want around showed up.

HerWill and all is at a lawyer office. Who can go get a copy of the will to keep her daughter from taking everything. The paperwork has it started in them that her daughter and a few others are not to be anywhere around

Adam Bull
Adam Bull answered on Dec 22, 2019

A will by itself would not bar daughter from being present as the terms of the will are only in effect up upon death. A health care power of attorney would be necessary. If mom doesnt have one then its probably too late.

1 Answer | Asked in Probate for North Carolina on
Q: My mother is deceased, I am her only child, her mother passed away after her. How are monies from selling homes split

My mother’s sister are selling my grandma homes am I due what my mother would have gotten if she was alive

Charles Evan Lohr
Charles Evan Lohr answered on Dec 16, 2019

You are entitled to any property your mother would have received had she been living. Feel free to contact me to discuss more.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Who gets my dads estate with no will in n.c.?

My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving kid of... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 12, 2019

When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.

The laws in NC state that if someone dies...
Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away with no will and no spouse.. i am the only surviving child do I get everything

This is north Carolina btw

Adam Bull
Adam Bull answered on Dec 11, 2019

After payment of any debts, yes.

View More Answers

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My mom was named her husbands will. She passed before he did. The Will was never changed. Who inherits what was left her

Also named in the Will are his 2 daughters. My mom was the primary beneficiary of his estate.

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2019

There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to... Read more »

View More Answers

1 Answer | Asked in Probate for North Carolina on
Q: If a property owner has passed away and the probate period has passed and there is no will. Who do you contact to buy?

If there are children what is the approach? If there are no children or co-owner what is the approach?

Charles Evan Lohr
Charles Evan Lohr answered on Dec 2, 2019

If there are children or other heirs to the deceased that you know of who are willing to administer the estate or nominate you to do it, that would be ideal. Feel free to contact me for assistance.

1 Answer | Asked in Estate Planning, Elder Law and Probate for North Carolina on
Q: ... I I was taking care of my elderly Uncle he was taken from me because of false accusations

Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 2, 2019

First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My son's motorcycle is in his dad's name. He has had ownership of it . Will we have to sell it to pay his dad debts
Nina Whitehurst
Nina Whitehurst answered on Nov 25, 2019

I know you think this is a simple question, but in reality it's not. The answer depends on a lot of things. It depends on what other assets are in the estate. It depends on the validity of claims made against the estate. It depends on whether those claims are still valid or have expired. It... Read more »

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: Why was I disinherited from my granny estate in NC while being PR over my fathers estate in SC I lost out on 50k

I'm from SC my father predeceased his mom he died in SC I'm personal representative over my dad estate but I was sent a notice of probate for my granny estate with my name on it she died interstate secession in north Carolina I contacted the executor in was told the court ordered for child support... Read more »

Adam Bull
Adam Bull answered on Nov 23, 2019

Under NC law illegitimate children cannot take by intestacy. There is a distinction between paternity and legitimation. If your father never went through the formal process of legitimation and didnt leave a will, you cannot do it now.

The laws in each state may differ but the public...
Read more »

1 Answer | Asked in Probate for North Carolina on
Q: My boyfriend has died with no will his life insurance policies have his sons name what can I do to get the money
Nina Whitehurst
Nina Whitehurst answered on Nov 23, 2019

There is nothing you can do. The designated beneficiary gets the life insurance proceeds.

2 Answers | Asked in Probate and Estate Planning for North Carolina on
Q: I am the executor over my dead mothers land and can my siblings take away what she left me

Several years ago my mom had my ex- husband put up a barb wire fence all the way around the property she was leaving me in the WILL so there wouldn't be a problem after she passed away. Back in 2015 when I had just started dialysis, weighed 80 pounds and honestly felt like I was dying, I could... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 13, 2019

Then don't let your siblings push you around and hire an attorney.

View More Answers

1 Answer | Asked in Probate for North Carolina on
Q: a friend lent me money. loan was not documented . he died recently. left no will do i have to pay back his siblings
Nina Whitehurst
Nina Whitehurst answered on Nov 6, 2019

You have to pay back the executor of his estate. The executor will then distribute the repaid funds along with other estate assets to his heirs. His heirs may or may not be his siblings. It depends on whether he had a will and what other relatives survived him.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Is $60,000 one-year spousal allowance allowed to be deducted before division of estate between beneficiaries per will?

Mother passed away in May. Her will states that "her individual" (not joint) property is to be divided between current husband and 2 adult children from a previous marriage equally. The $60,000 spousal allowance off the top reduces adult children portions making spouses portion that much more.... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 29, 2019

Considering there is a surviving spouse who arguably should have gotten everything, one would think you'd be grateful you are getting anything especially if the amount of potential reduction is a mere $60,000. Of course, if you wanna make sure you grub up as much as possible for yourself - just... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My wife's parents have passed on and the oldest sibling was appointed as executor.

This person has informed me that since I am not a sibling, I don't need to be kept informed or asked about anything to do with the estate. Part of the estate is being settled but there are other assets that have a legal difficulty attached to them. This person has stated we, my spouse and I, would... Read more »

Ashley Kevitt
Ashley Kevitt answered on Oct 29, 2019

Since this is your wife's parents it is likely that she is a beneficiary and you may not be, meaning her parents left things to her in their Wills and maybe not to you. If you are not a beneficiary you do not have to be informed of everything going on with the estate. Your wife on the other hand... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: I’m the listed beneficiary for some of my brothers’ accounts, do I have to disperse it among our mom and other siblings

Since our mom is still living and if she becomes the executor since my brother was not married and has no kids, will the accounts I was made beneficiary over have to be disclosed in the estate?

Nina Whitehurst
Nina Whitehurst answered on Oct 29, 2019

If there is evidence that your brother meant for you to distribute the funds among his natural heirs, then that is what you should do. Absent evidence of such, it is presumed that your brother meant for you and you alone to have those funds, and those funds would NOT be part of your brother's... Read more »

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: What happens to the house in NC when one of the owners dies?

Grandfather and girlfriend bought property together and they both lived in house as man and wife. The deed does not say tenants in common nor joint tenants in common. What will happen when one of them passes. Grandfather did a will giving the house to his children but the girlfriend did not sign... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 14, 2019

Unmarried co-owners are presumed to own as tenants in common in equal shares, unless the deed states otherwise. Accordingly, when your grandfather dies, and assuming the will is valid and is as you stated, his children will own 50% of the house along with the girlfriend as to the other 50%.

1 Answer | Asked in Landlord - Tenant and Probate for North Carolina on
Q: inherited property and step-granddaughter won’t move out.

My father passed two weeks ago and left all property/house to me and my sister. The house has already gone through probate. His step-granddaughter had been staying there for a short period before he passed and we have since asked her nicely to be out by today. We gave her two weeks from 9/14/19.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 28, 2019

Law enforcement rarely will evict a trespasser if it "looks" like she "lives" there. Even something as simple as her clothes in a closet will scare them away. You are going to need to hire an attorney to help you with an unlawful detainer action against her.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My deceased father's estate is in probate with a sibling as administrator. My father's residence is not a part of the

probate process, correct? If correct, can the Administrator sell the residence without the signatures of the remaining siblings? Can the siblings have a say so in determining the listing price of the residence and final offer?

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

There is no way to answer your question without knowing exactly how your father's house was titled when he passed. It it was in his name alone when he passed, then it IS part of his probate estate and WILL be part of the probate process. If there were one or more other people on title, then it... Read 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.