Get free answers to your Probate legal questions from lawyers in your area.
Probate is only when there is a will, correct?
So how does the deed get amended to reflect the siblings own the property and not the deceased?
answered on Feb 8, 2021
You will need to initiate an estate administration to pass title. Feel free to let me know if I can help.
Evan Lohr
It’s a fairly simple will, no trusts. The only thing that we’re concerned about is beneficiaries as all their addresses have changed as well as ours. Do you see any issues that might arise?
answered on Feb 8, 2021
Moving does not invalidate the Will, and the addresses were to help determine who the beneficiaries are, in the event they are not known (i.e., there are 6 "Todd Smith's" that it could be - it would be the one that lived at that address at the time the Will was executed). So long as... View More 
Not on deed No will I paid 71,000, 30,000 we paid for do I own the home
answered on Feb 8, 2021
You could file as a creditor to his estate estate, and claim that he was holding it in trust for you, pro-rated to take into account the amount you contributed.
My name is not on deed in error. No will who owned home his kids or me
answered on Feb 8, 2021
Depends on whether he had a Will, how many children he has, and how much debt he has. If he died without a Will, and the house is not needed to pay any of his debt, and he had more than one child, then you own 1/3 and the kids own the other 2/3.
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answered on Jan 30, 2021
You haven't provided much detail so we really can't provide you with a meaningful answer - especially in a limited forum like this however, a sibling can not change your mother's will - only your mother could do that. Your best bet is to consult with a local wills and estates... View More
The money I have left isn't being distributed like it should. She is letting her husband make the call and he has nothing to do with my money. Hes mentioned taking out some and he tried to send it but i couldn't receive it the way he tried so he took it back. I dont know if its being put... View More
answered on Jan 26, 2021
To know what your options are, any lawyer is going to need to review the trust documents. My recommendation is to contact a local lawyer and have them review everything and have them give you their opinion on your options.
Can a will be contested without it being probated? Property tax value is well over $200,000.
answered on Jan 22, 2021
Feel free to call me to discuss. I would need more context to answer your question.
Evan Lohr
919-348-9211
I am named executor on both wills.
The cash in joint checking (only assets left) went to husband at death but wife had surgery the day she passed so there will be some medical bills. Can I pay wife’s medical out of husband’s estate? - if not, how are they handled. There is enough cash... View More
answered on Jan 20, 2021
Unfortunately, you have to probate both wills, first, all of the wife's property passed to the husband, and then all of the husband's property passed according to his will. Joint checking accounts are an asset that can be brought back into the estate even though they pass outside of the... View More
I need to know who to contact when the whole court system regarding Will/Estate/Probate are not following The Deceased Last Will and Testament. Or Probate laws... I feel they have lied to me about my rights as a beneficiary . Forcing me to sale Real Property to cover a small debt. Without... View More
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answered on Jan 19, 2021
Namecalling will not help you. You might hire a competent attorney in NC in or near the County of Probate to represent your interests. From the way you write, you must have a substantial stake in the Estate, and as a Beneficiary and an Heir you should be able to intervene. The Probate File... View More
Married, 3 adult children
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answered on Jan 8, 2021
I am assuming you are talking about a person who has died. The purpose of probate is to change the title of assets owned by a decedent. If the decedent had no assets then there is no need for probate.
I inherited 30 acres and house from neighbor who had no family. There is no mortgage and I know debt owed is less then 30,000. Court appointed estate administrator. Can he sell all of the property? Can I sell X amount of acres to cover debt??
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answered on Jan 8, 2021
You should go to the Court Clerk that has the Probate proceeding. Read it verbatim. That should at least somewhat tell you what is going on. When you say that you inherited the real property as a non family member, that would be impossible. If there is a Deed or Probated Will with you getting... View More
I am co-executor with my brother on my father's estate in North Carolina. My brother died this March. I need to file both 2019-2020 and 2018-2019 annual filings for the estate, but if it is a co-executor situation both are required to file. How do I update his/my status in the estate?
answered on Dec 1, 2020
Bring this up to the Clerk, what will likely happen is that you will be appointed as the sole personal representative, this is the proper name for the executor in NC.
First off, I just want to thank the attorneys in advance for taking time from their day to answer questions for people on this forum. It is greatly appreciated.
My situation is that right now we are in the beginning stages of trying to assess my late mothers assets and debts. We believe... View More
answered on Nov 23, 2020
Yes it is possible to "upgrade" the estate, this would look exactly like filing an estate.
In order to protect the other sibling, you should post a notice to creditors in the approved newspaper of your county. This is not commonly without an actual estate but nothing should... View More
Responsible for upkeep and utilities being on
answered on Nov 20, 2020
Generally speaking, most real property does not pass through the estate process. In NC most real property passes directly to the heirs and the estate never is responsible for the property.
Talk to a local lawyer and have them review the will/estate file to give you their opinion on your... View More
answered on Nov 6, 2020
You must make diligent efforts to locate any beneficiaries under a will, if after such effort you have been unable to locate them you can turn the bequests over to the Clerk's office and they will hold them for a period of time before escheating them to the state.
with my mom he does not have a will
answered on Nov 6, 2020
I am writing this presuming you are asking what happens to the properties now. I would have to read both deeds to form an opinion on the current ownership of the properties as well as know the status of your mother and your father's most recent wife.
Contact a local probate attorney... View More
The heir wants to sell the property still. How should we as buyers proceed? What legal steps are taken and how does this slow down the purchase?
answered on Nov 5, 2020
Provided you were under contract; you likely can still enforce the sale against the Estate (I would have to read the contract to make sure). You will have to wait for an estate to be opened and a personal representative appointed by the Clerk's Office. The new grantor would be whomever them... View More
I never met my father and only occasionally spoke with him. He lived and registered the car in North Carolina but was down in Florida when he passed. The detective who found him contacted me, his only living kin, and told me to come get his things. I insured the car, flew down to Florida to pick it... View More
answered on Nov 2, 2020
Apply for a lost title in NC, you are going to likely have to open up probate as the DMV will want the signatures of whomever the court appoints to administer your father's estate.
and I are the only surviving heirs. The state of NC has placed a lien on her estate to pay back money she received from Medicaid. The bill is almost twice the amount her entire estate is worth. I have paid all bills that I can out of her estate checking account and have no money left. How do I... View More
answered on Nov 2, 2020
You may have some issues, here. There is a very specific order in which estate bills are to be paid. If there is not enough money to pay the bills then the remaining assets are to be divided among the creditors based on what the statute says. Any remaining claims against the estate are released and... View More
I am completing State of North Carolina form AOC-E-204, AFFIDAVIT OF COLLECTION, DISBURSEMENT AND DISTRIBUTION. I retrieved a car and household furnishings from my deceased son's apartment the week after he died. The form asks who I received those items from. How should I answer that?
answered on Oct 26, 2020
Sorry to hear about your loss, the entity you received those from was the Estate of your late son
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