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North Carolina Probate Questions & Answers
1 Answer | Asked in Probate for North Carolina on
Q: In NC can a girlfriend of over 20yrs inherit anything from partner who has died? He had property and has a bank account.

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.

Ben Corcoran
Ben Corcoran
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

2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

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

Ben Corcoran
Ben Corcoran
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.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father passed away. He had nothing except a vehicle worth around $3500. He lived in Florida. Me is NC. I want to se

Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.

Ben Corcoran
Ben Corcoran
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.

1 Answer | Asked in Probate for North Carolina on
Q: how difficult is it to probate my neighbors very small estate, had revies mortage and $800.00 in checking account. with

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

Ben Corcoran
Ben Corcoran
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.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: my wifes grandmother passed away 4 years ago, she gave my wife the house before she passed, her sister is trying to sue.

so my wifes sister is now trying to sue us for 25000 dollars because she thinks shes entitled to part of the house. the house sits on a rented lot which ive paid for the last 4 years, ive also paid the taxes, paid for all upgrades including new appliances and ac unit, and paid for the upkeep. i... View More

Nina Whitehurst
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answered on Apr 29, 2021

Yes, your wife's sister has legal standing to sue. Whether she will prevail or not is an entirely different question, and you did not state any facts on which she might rely. The usual grounds for setting aside a deed would be fraud, misrepresentation, coercion, undue influence and/or elder... View More

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: My husband passed away eight months ago before we titled vehicles in my name. They are tagged in MN and we live NC now

We were living in MN and moving to NC when my husband passed away in WI, eight months ago . We didn't have a will and before we could transfer the MN vehicle's to NC he passed away. We no longer have a MN address and our permanent address is in NC. North Carolina said I need MN to tell... View More

Ben Corcoran
Ben Corcoran
answered on Apr 22, 2021

You and your husband likely became domiciled in NC when you left MN. As such your need to open a probate in NC, you do this by talking to the clerk's office in the county you intended on living in. Once you accomplish this you can transfer the titles to your name. You will have to notify any... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for North Carolina on
Q: Mother has dementia, I’m hcpoa, brother named executor upon my dad’s recent death...

My question is does my brother legally control all assets and funds due to my mother having dementia?

Ben Corcoran
Ben Corcoran
answered on Apr 13, 2021

Depends on the will or lack thereof, also you are the HCPOA but is there a durable POA also in place for your mother? You probably need to take all your documents to a local attorney and get a more tailored opinion.

1 Answer | Asked in Probate for North Carolina on
Q: If I own a home that I paid the monthly mortgage payment directly to the owner and the owner was a close friend that die

Do I have to attend the probate court or can my lawyer represent me?

Ben Corcoran
Ben Corcoran
answered on Apr 9, 2021

Generally speaking, probate matters do not actually go to court like you may be thinking. The clerk's office will handle much of the estate and potentially the estate will hire a lawyer to assist them. What you need to do is find out who the new owner(s) of the property are and where to send... View More

1 Answer | Asked in Probate for North Carolina on
Q: If a will leaves you "each and every item of my property and estate, whether real, personal or mixed" and further states

" I hereby give, devise, and bequeath my entire estate to" does this type of language allow one to bypass listing items ( car, stocks, accounts, etc.) without the beneficiary's name on it on the AOC-505? It is my understanding that items with the beneficiary's name on them or... View More

Ben Corcoran
Ben Corcoran
answered on Apr 8, 2021

I would have to review both the will and the related documents to give specific advice as to what needed to be listed. But generally speaking if the property is passing through the estate then it needs to be on the inventory.

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father passed away last yr. I have a question about the estate and my rights. Can I make my sister move off property

the property was willed to the 3 of us. however my sister has moved into home not paid rent to me or my brother, nor paid the property taxes.

She wont let myself nor my brother on property unless she is there and we still have personal items to be devided between us. She told me I have to... View More

Anthony M. Avery
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answered on Apr 2, 2021

It appears no Probate has occurred, and this might be a good candidate for such a procedure. Probate Administration is expensive and lengthy, but that is probably the only way to really resolve the situation. Hire a competent attorney and do not forget about the taxes, which might be construed... View More

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: What do I need to do In NC if My mother died 10 days ago and I am the only aire?
Ben Corcoran
Ben Corcoran
answered on Apr 1, 2021

Depends on whether or not your mother left a will and the size of her estate. If it is a small estate then talk to the local clerk and you can try and handle everything yourself, or if you would feel more comfortable, hire an attorney to assist you in the process.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My stepfather passed of a sudden heart attack. He has no will and a mother who is still living so her and my mother have

His real estate property divided 50/50. There is some tractors and farm equipment that were in his possession and he has had ever since his father passed in 2011. Now my question is the brothers now claim all the farm equipment was not my step fathers but instead theirs and have threatened to call... View More

Anthony M. Avery
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answered on Mar 30, 2021

You may need to file Probate here if enough assets are present. Administering the Estate will allow the relatives to file Claims Against the Estate if they truly feel they own some of those items of personal property. Hire a competent attorney to talk to you about this. Criminal charges like... View More

1 Answer | Asked in Probate for North Carolina on
Q: What's the best way to locate or confirm the contents of my late fathers will if his 2nd wife isn't cooperating?

I don't even know if there is a will, but I want to try to get access to it. I don't think he has a physical copy, but his 2nd wife is being irrational and won't let us look for one.

Ben Corcoran
Ben Corcoran
answered on Mar 22, 2021

Hopefully, it was filed for safekeeping at the local clerk of court's office. I would check there, they will not let you look at it until it is probated but they should be able to tell you if they are keeping one for him.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... View More

Ben Corcoran
Ben Corcoran
answered on Mar 16, 2021

If I understand this correctly, the current owners are you and your nephew. And your nephew wants to keep his portion of the land.

You really have two options, the first you have attempted, you buy out your nephew, but he has to agree to this option.

The second is that you file a...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My sister died 2/19/21. Her husband died 1/11/21. Both had wills. My sisters will left all to husband.

Since he died before her she left all to her children. She had no children. Who stands to inherit?

Charles Evan Lohr
Charles Evan Lohr
answered on Mar 7, 2021

Her parents, if living, then siblings. Contact me at 919-348-9211 if I can help.

Evan Lohr

1 Answer | Asked in Probate for North Carolina on
Q: Is it feasible (next of kin) to attain an Attorney for a simple (99%) Probate - no heirs/spouse/children; <$50K Estate?
Ben Corcoran
Ben Corcoran
answered on Feb 26, 2021

Given the fact that you are posting this from TX, I would recommend it. Having a local attorney would probably be worth the hassle of closing the estate.

1 Answer | Asked in Probate for North Carolina on
Q: Can a wife sell land and homes owned by husband and his parents before he was married to his first wife, and she is 2nd

He died 2 yrs ago, they have 1 child from separate marriages and 1 child together. My mother in law insists the house we occupy is now hers as she sold the family home. My husbands grandparents and father expressed that husband would get our home which he has been in for 20yrs. Noone else has seen... View More

Ben Corcoran
Ben Corcoran
answered on Feb 24, 2021

I would have to review the will (if it exists), the estate file (if it exists), and other relevant documents to be able to answer your question. My advice is to hire a local attorney to review the issue and give you their opinion.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My mother died this year and left a will dividing everything 50/50 between 2 siblings. Both of us lived with her at time

of her demise. My wife and I paid $500/mo (more than double expenses and brother did upkeep on house and cut grass for his share). He has since told us we can only have access to the basement/bathroom area and are not allowed to use the remaining 1725 sq ft, the double garage, neither storage... View More

Ben Corcoran
Ben Corcoran
answered on Feb 17, 2021

you need to speak to a local probate attorney, without looking at the documents such as the deed to the property and others we cannot give you specific advice on this forum.

1 Answer | Asked in Probate for North Carolina on
Q: Mother deceased. I am the executor of her estate in North Carolina. What documents do I need in order to sell her car

The car title is in my Mothers name only

Ben Corcoran
Ben Corcoran
answered on Feb 15, 2021

You just need her old car title, the buyer may ask to see proof that you can act in her name but the letters given to you by the court should suffice. In order to properly sign it over you should sign ""Mother's Name", by "Your Name" executor of "Mother's Name" estate."

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: If ex husband dies and current wife lives in home co owned by me and ex. What rights will new wife have regarding house
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 10, 2021

The answer to that depends on the terms (or lack thereof) of your ex-spouse's will. He could have bequeathed his interest in the property to his new wife, in which case both you and she will own a 50% interest. If he died without a will, his interest in the property will pass pursuant to... View More

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