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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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???
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
His sister has taken over the house and everything. The car was to go to me and my name is on title. There is no will. It is like I don't or never existed. They have been using his money.
answered on May 17, 2021
Without seeing the car title and bank information, I cannot answer your question fully. However, the likely answer is that no, you will not inherit anything. Since the car was at least partially titled to you should still have an interest in that. The bank accounts ownership depends on how they... View More
My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... View More
answered on May 7, 2021
It will save your heirs some money if you do so. If there is no beneficiary, all of the assets in the IRA will be subject to the audit fees from the Clerk's Office.
Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.
answered on May 5, 2021
You would have to probate in FL, and while there may be some lawyers on here that can practice in NC and FL you will have better luck posting in the FL section.
with out a lawyer she has nothing of value in her home. I want to buy the house for rental. and at this time I do not have money for a lawyer
answered on May 3, 2021
For small estates, it is very common for the clerks to assist the administrator with getting everything filed. Talk to the local clerk's office and see if you can open the estate.
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.
