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answered on Jun 6, 2023
There are no late fees, the fee is 4 cents for every $10 in assets of the estate. I would generally advise to ask the clerk to tell you how much you owe.
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answered on May 16, 2023
Hire a NC lawyer to draft a Deed for execution and recordation.
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 
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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
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.
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
answered on Apr 3, 2023
You tagged your question for the "Small Claims" forum. However, since the account belonged to someone who has since passed away, an attorney who handles probate law might be able to assist. You should consider contacting an attorney directly.
They have been separated since 2002. He resides in Mexico and he wants me to take care of all her finances.
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
He's daughter 16. So we couldn't get nor even his clothes?
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
All he has is clothes tools and golf cart trailer
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
I'm the executor and just need to know because she only stated in her will that the sale of home be divided among the children and no one else was listed.
answered on Jan 13, 2023
Normally the interest of your deceased siblings would pass to their children. However, in order to verify that, I would have to review the will and make sure it didn't specify a method for determining the 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?
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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.
My biological father never changed deed to property nor did my mom who has rights to property
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... View More
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
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.
None of them left a will. Can I have the Deed changed to just my name? I need to make repairs to the house and I would like to get a home equity loan. I paid off the house several years ago.
answered on Sep 6, 2022
The ownership depends on the language located in the deed, the language in any wills, and the order in which your family members passed. Without all that information, a lawyer will not be able to give you specific answers to your questions.
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
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... View More
Do I have any rights to my grandma's estate? Everything was left to her 3 kids with the intention of them including the 3 grandchildren. 2 of the grandchildren are underage so they are automatically included with their respective parent. I'm the only adult grandchild and my parent has not... View More
answered on Jul 26, 2022
Unless you are specifically named in the will, the fact that your parent is still alive means that you likely do not have any right to your grandmother's estate.
My grandmother passed away and will states everything divided between her 3 children. One is my father who died before she did, so I know I inherit his third. My aunt is asking for me to pay her back outside of the inheritance for groceries and household goods and transportation she paid for over... View More
answered on Jul 14, 2022
No, you do not have to pay her back. If she wants to be paid back, the proper channel is by making a claim against the estate.
So can I assume the front part 1 is also 0 And I am done. Can I mail it in
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.
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
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
sister had no will. not married and no children.
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.
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
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... View More
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