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Is deceased and our parents wills only name each other as heirs. Does estate flow to living siblings equally?
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answered on Oct 16, 2020
The simple answer is you abide by both, usually, but in reality this question cannot be answered completely without reviewing the wills. For example, your dad might have left things to your mom but only if she survived him by a certain number of days. If she did not survive that long, then she... View More 
Grandmother just passed and has no living spouse or children left. Her last living daughter was her power of Attorney over her money but she passed away several months ago. Her son I believe was given the role of power of Attorney? when she became ill! As far as I know there is no will. There are... View More
answered on Oct 9, 2020
I am answering these questions as if your grandmother was residing in NC when she passed, I see you are in TX so I want to make sure that this is correct.
Given the facts you laid out, that your grandmother was not married and all her children predeceased her, then yes the estate would be... View More
Can I cash it legally?? No will was left, all the mess has been dumped on me to handle. No lawyers are involved either
answered on Oct 8, 2020
If you have living parents, and he had not children then all the money would go to your parents before it went to you. Normally you would be required to put the money in an account for the estate and the clerk would oversee it. Contact the local clerk's office as they are the ones that oversee... View More
They were renters and the rental company is calling us to pay the rent and remove their things. My brother and I live out of state and don't want to get involved because my stepmom had HUGE debt and they don't really have anything of value to offset the debt. What happens now? Will the... View More
answered on Oct 5, 2020
If you do not pick up the personal property, then the management company will probably have everything be declared abandoned and dispose of it how they see fit.
Without knowing how all the debts were listed, I can't tell you if you would be able to get some of the models, but unless... View More
He had no spouse, no children, & his parents & siblings are deceased. I wanted to make sure if my uncle's nieces & nephews are the next in kin (heirs).
If we are his heirs, this leads into another concern - my cousins (his nieces) are currently ignoring & avoiding me... View More
answered on Sep 28, 2020
Under NC law if there is no will and given the family tree that you described, you, your sibling, and your cousins are the heirs.
If they are not opening the estate then you should apply to have it opened at the Clerk's office, you will have to get waivers from the other heirs or... View More
If my father should pass away. Will quitclaim work?
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answered on Sep 27, 2020
Who is on the mortgage is irrelevant - that's just who is obligated to pay for the house - not necessarily who owns it. Whether you get your parents house depends on whether whoever owns the house wants you to have it. For example, if the deed to the house is in your parents names and they... View More
answered on Sep 23, 2020
If the decedant left a will then, the PR has less of a duty to notify potential heirs. As the will should clearly specify who was to receive under the will, and the PR has a duty to act in accordance with the will.
If the decedant did not leave a will, then all potential heirs have an... View More
I am her only child they have been separated my whole life
answered on Sep 23, 2020
It depends on whether or not your mom had a will.
If she did not have a will, you need to make an appointment with the local Clerk's Office and ask to be appointed, tell them the situation and hope that they will immediately appoint you. If not, you will need to wait 90 days from the... View More
My dad lived in North Carolina mom and dad have been divorced for over 10 years of my mom's name is on the lean is she entitled to the property or am I or can I benefit from the sell
answered on Sep 21, 2020
If your mother's name is on the deed (not the mortgage, the DEED), then she has an ownership interest in the property regardless of whether she has divorced your father. So it seems like your mother and father still might own the property, each having a 50% interest.
Unless either... View More
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answered on Sep 4, 2020
Being on the deed and being a borrower on the mortgage are two different things. Being on the mortgage is irrelevant but if your mom is on the deed to your house and she leaves her portion of the house to your sister in a will or dies without a will - then yes, it is possible you will sharing the... View More
We found out by a outsider .her spouse blocked us from calling.this was 07/2020
No one yet has yet to even call our father can we sue
answered on Sep 1, 2020
Just making sure I understand the question: are you asking if you can sue your brother-in-law for failing to inform you that your sister was ill and later died?
Well, you can sue anyone for anything, even if the lawsuit is frivolous and has no chance of success. But I don't see how... View More
That marriage did not last and he married two other times and divorced. At 70 years old he remarried the second wife with the 2 step siblings again. They were married 15 months prior to his passing. All of his property and savings were acquired prior to their remarriage until his parents both... View More
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answered on Aug 18, 2020
You can not disinherit a spouse in North Carolina. So regardless of the will, the new wife will likely get what is called an 'elective share'. There are several factors that go into calculating if the elective share applies and if so how much it will be. For a marriage of less than 5... View More
The home is in my mother and fathers name and both are deceased with now will
answered on Aug 17, 2020
As always, you will get a more accurate and complete answer if you consult with a local attorney who has the time to understand all the facts behind your particular situation. That said, I don't see grounds to get a "civil order" (which isn't really a legal term). If both... View More
Been 2gether 14yrs & I spent all my inheritance putting property on this land and pd up all taxes we got married a year ago I just found out this or I wouldn’t spent all my money on upgrading the home , do I have rights???
answered on Aug 14, 2020
I'm sorry, but I don't understand the fact pattern that you are trying to state or the specific question you are asking. This is a cop-out answer, but you will need to speak to a family law attorney in your area and give me them all the details before you get a good answer. These... View More
1. Shared property with 2 other siblings (now 1 remaing)
2. His portion of the house was given to ex as part of divorce. Need to verify if that was legally transferred.
3. Deceased sibling has medicaid attempting to reclaim
4. FiL has potential IRS Lien on property... View More
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answered on Aug 3, 2020
Probate would be giving the house to creditors. Hire a competent attorney to conduct a title search, then draft and record an Affidavit of Heirship. The Heirs take as Tenants In Common subject to the liens and debts. But there are SOL's for execution of such liens, which can expire,... View More
Lifetime rights?
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answered on Jul 15, 2020
Depends on whether there was will or not. If there was no will, the property will pass thru intestate succession laws. Who gets what depends on what family members there are and what there relationship to your spouse was. Even with a will, you can not be disinherited entirely in NC, so the... View More
My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... View More
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answered on Jul 11, 2020
Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want.... View More
She is keeping his current house and still going on with the $200,000 house they were having built. The land was in his name. I was his only child. She is getting all of the money, the houses, vehicles, everything. All I wanted was a few of his shirts, all of the hunting rifles, shotguns, bows,... View More
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answered on Jul 2, 2020
Since your father had no will, if the estate is divided according to intestate succession, his spouse will receive the first $30,000.00 of personal property, one-half (1/2) of the remaining personal property and one-half (1/2) all real estate. You as the only child will receive one-half (1/2) of... View More
He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.
answered on Jun 29, 2020
He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... View More
A NC resident dies with a will but the adult child in poor health dies before the will is processed. The child has siblings, a spouse and children of their own.
answered on Jun 25, 2020
It depends on what the parent's Will states. In most cases, the property would go to adult child's heirs or the persons/entities the adult child left property to in his/her Will.
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