Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Probate Questions & Answers
1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: My father recently died. His wife died a year ago. He never removed her name from the deed. Will her kids be entitled to

the proceeds from the sale of the house?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Am I responsible for my deceased mother's Medical debt? Can they take her home, deed is in my name, mortgage is in hers

My mother recently passed away. We transferred her home and car into my name a few months before her death, but the mortgage is still in her name which I have been paying. She did not have any estate. Am I responsible for paying her Medical bills prior to her passing and can they take the house... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Feb 15, 2024

Without seeing the actual bills and the deed transferring the property to you, I can't give you an answer. I suggest taking all the paperwork to a local attorney and having them give you specific advice.

The mortgage company will likely require you to get a new mortgage or, if you are...
View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Why would my stepsister send me and my siblings a personal property exemption form ....keep all his personal stuff

My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something

Ethan A. Trice
Ethan A. Trice
answered on Jan 31, 2024

There are a couple forms she could be trying to get you to sign. It sounds like she's trying to get you to waive your inheritance rights. If your father's wife never adopted you and never made a will, realistically the stepsister gets her property. Why she's trying to get you to... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: If u and ur sister inherite a house she living in it I'm not can I move in it or can I make her leave it's her and 3 kid

It's her and her oldest kids that think everything is theirs

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Who gets house and everything when stepfather then passes?

I am 36 years old. My mom passed away many years ago and so did my only brother. Everything of course was then only my stepdads. My stepdad has been my father since I was 5 years old. I consider him my father of course. We’ve always had a great relationship but recently he has been ill and... View More

Ethan A. Trice
Ethan A. Trice
answered on Jan 31, 2024

If he never adopted you, you don't inherit from him in the absence of a will. Intestacy statutes will apply and the property will either go to his children (if he has any legal children) or his sibling(s). His living sister's daughter won't have a claim (rather the sister herself... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Who gets house and everything when stepfather then passes?

I am 36 years old. My mom passed away many years ago and so did my only brother. Everything of course was then only my stepdads. My stepdad has been my father since I was 5 years old. I consider him my father of course. We’ve always had a great relationship but recently he has been ill and... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2024

Your stepdad is mistaken and you are right to be concerned. You are NOT in the line of succession. To inherit from your stepdad he would need to name you as the death beneficiary on his financial accounts (an excellent method) AND sign a will that leaves everything to you (for items that do not... View More

View More Answers

1 Answer | Asked in Probate for North Carolina on
Q: How do the courts ensure a will in North Carolina was followed and the correct people received the property?

My Grandmother outlived my father. As far as my siblings and I were told that his half of the inheritance would be split among us. We are not very close with his brother (my uncle) who is now the executor of the estate. In my fathers will it states that any inheritance that he would receive in the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In North Carolina, the probate court oversees the administration of estates to ensure that wills are followed correctly. The executor, in your case, your uncle, has a legal responsibility to administer the estate in accordance with your grandmother's will and relevant state laws.

If...
View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad's will was never executed probate never happened. He lived in NC, died in SC. Where would probate happen?

Passed in 2021, I just got a copy of the will. My sister was executor, I'm a trustee. My brother sold my dad's land right at 1/2 million, brother took money and bought land and home in brother's name one year before dad's death.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

An unexecuted will cannot be probated. Apparently the Father's heirs owned the property. You will need a very good real property litigator in the County of the land to file ejectment, quiet title, etc. actions. All interested parties must be parties. However laches will probably prevent... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: If my spouse of 17years dies without a will and unmarried what am I entitled to

Unmarried spouse of 17 years dies suddenly without a will. He has a DBA business. After he died his brother helps my mom with arrangements. He ends up taking over the business. Out of good faith my mother hands him every title to every vehicle there is work vehicles included. Well one by one he had... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

If your spouse passed away without a will, the distribution of their estate, including the business and assets, would be subject to the intestacy laws of the state where you reside. These laws determine how assets are divided among surviving family members in the absence of a will.

As an...
View More

1 Answer | Asked in Probate for North Carolina on
Q: Husband died in June 2023. Probate ofc said no estate necessary. Mail addressed to his "estate"-do I open or return?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2023

If the probate office has determined that there is no estate, then technically there is no "estate" to receive mail. However, it is possible that there are still some outstanding matters that need to be resolved, such as closing bank accounts or canceling credit cards. In this case, you... View More

1 Answer | Asked in Probate for North Carolina on
Q: Probate for clothes/linen, kit. uten., food, clean. supp., mini fridge, cooler, 1 brkn and 1 sml old work tv, bank acct?

Had stock but named a beneficiary for those.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

In North Carolina, probate is necessary for handling the estate of a deceased person, but it may not be required for all types of property. If the only assets are personal items like clothes, linens, kitchen utensils, food, cleaning supplies, a mini fridge, cooler, and old TVs, probate might not be... View More

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
PREMIUM
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?

Ben Corcoran
PREMIUM
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

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

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...
View More

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.