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Need to know what to do to get a new deed with her name removed I'm disabled we have guardianship of our nieces her side I had gotten gangrene right after she past away and COVID had to have a limb removed so it's been kind of difficult dealing with this death and the sickness and... View More 
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answered on Feb 21, 2022
There are attorneys in this forum that very much would like to help, but we can't without more information. At a minimum an attorney would need to look at your existing deed to see exactly how title is vested now. The existing vesting determines what direction to take. You might want to... View More
We live in NC. I never knew that tenants by the entirety existed until after we executed the deed. I added her name because I'm significantly older than her and thought it was probably a good idea. We were dating when I bought the house. We have had a joint bank account since before the... View More
answered on Feb 15, 2022
Without more information, I cannot give a definitive answer, but unless you had actual knowledge that the lawsuit was imminent you are likely okay.
Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?
answered on Jan 21, 2022
Once 90 days since the death has passed, any interested party can open the estate and apply to be the administrator. However, you will likely have to post a bond, and the wife can claim the first $60,000 in the estate before any creditors get paid. I don't know how much your deposit was, but... View More
This has been granted through the courts. How does she access this money & what can it be used for?
I don't understand where the money comes from (all that we have listed on the form is cars/boat/personal property). All bank accounts were joint. Is this money that she can get to... View More
answered on Jan 14, 2022
Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.
Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?
What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... View More
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answered on Jan 14, 2022
You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... View More
POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car... View More
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answered on Jan 11, 2022
This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a... View More
answered on Dec 2, 2021
Depends on how close together the deaths are, and whether or not wills are in place for both parties. Bring everything to a local estate planning attorney and ask them for their opinion on how to proceed.
We have about 23,000 in the estate account to pay creditors. We are not selling the house willed to us because my husband and I live their with our kids. There is about 53,000 worth of debt. Medical, 1 credit card, and 2 home improvement loans. Some of the creditors wants a debt to asset ratio in... View More
answered on Nov 15, 2021
This sounds like a very technical question that I couldn't answer without seeing all of the paperwork. My advice is that you get all the paperwork in front of an attorney and let them advise you more completely.
He want my Social Security number .I don't want to do that.Can you advise me?
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answered on Oct 20, 2021
She does not have to designate a beneficiary for her inheritance in order to receive her inheritance. She can receive her inheritance and then later designated beneficiary.
I was recently named executor of my mothers estate (in NC) and will be selling the family home this month. I was told that the money will have to stay in escrow for six months. My question is why 6 Months???
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answered on Oct 7, 2021
Since you filed for Probate, you will have go through with the process. Someone might have a claim against the Estate which could render it insolvent and require the sale proceeds to satisfy the claim. There is probably a title insurance requirement involved with the purchaser's loan. If... View More
I have her death certificate. I do not have her will. executor refuses to do anything about it.
answered on Sep 27, 2021
Ask this question on the FL boards, very few NC attorneys can offer legal advice regarding a FL matter.
answered on Sep 2, 2021
This is actually a question for VA lawyers and any answer you get from an NC lawyer is likely pure speculation.
I do know that if you lived in VA and the estate was in NC you would be required to post bond because you are out of state.
Bank, mortgage insurance and tax fraud against deceased and beneficiaries.
answered on Aug 26, 2021
Almost certainly you can sue, I highly advise that you find a lawyer who practices in this area and talk to them to get a better idea of what your options are.
1st cousin (child of her uncle)
answered on Aug 2, 2021
If they legally adopted you, you are treated no differently than a biological member of the family under the law. Whether or not you have any rights to your cousin's estate is a separate matter and would turn on how many surviving family members your cousin had.
In NC I am adopted 1st cousin
answered on Aug 2, 2021
I would need to see the petition filed by the lawyer to give you a worthwhile opinion. Feel free to contact me.
answered on Jul 8, 2021
Depends on whether or not someone was named in the will if there even is a will. If no one has come forward within 90 days from the death then anyone interested can serve as executor provided the clerk approves them.
Closing out estate after almost 2 years. The overall estate value is $83k with $23k going to the lawyer. Now Clerk of Court is requesting lawyer petition the court for fees. I am supposed to sign a document agreeing to this. Why am I being asked to do this? Is this normal? Is Clerk questioning the... View More
answered on Jun 22, 2021
Some Clerks across the state require that lawyers petition to get fees paid, others view it as an issue between the executor and the lawyer. This sounds like an example of the first issue, and you have to comply with the Clerk's wishes.
My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... View More
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answered on Jun 15, 2021
It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney... View More
My Brother and I were his only Grandchildren. Our Father (his Son), was an only child, died in 1978.
His 1st Will had left his home to my brother and I, which had been that way his entire life!
He had a home, his 3rd wife had a home elsewhere. It was agreed, his property would go... View More
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answered on May 21, 2021
If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... View More
My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.
My Father also died in 1978. My Brother and I are the only living relatives!
Our entire life, we were told her Will... View More
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answered on May 21, 2021
A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the... View More
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