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I live in Charlotte NC
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answered on Jun 13, 2020
No.
My brother wants both properties_ have 2 separate home places_ with land..different deeds fer all property..wants to be difficult splitting property help
answered on May 27, 2020
You should be able to partition the property to divide it equally. Please feel free to call me at the number below if you'd like to discuss further.
Thank you,
Evan Lohr
(919)348-9211
My father passed away and I am his executor and sole heir; my siblings were not granted anything in his will. He died at home, and the police gave his keys to my brother who lives next door. Immediately afterwards, my brother took my dad's truck and put it on his own property. The police... View More 
answered on May 21, 2020
The police won't get involved, as they do not want to be in the middle of interpreting civil documents, unless that civil document is a Court Order. As executor, you have a duty to collect all property and then distribute it. If he won't return the property, or buy it for a fair market... View More
I want to avoid probate and was told that upon death the property is mine. Do I have to go through the court system?
answered on May 13, 2020
Yes, the will must be admitted to probate in order to establish the chain of title. Feel free to contact me if you would like assistance.
Evan Lohr
Attorney
(919)348-9211
My mother passed away in late February. She DID NOT have a will. She left behind a home on an acre of land. I believe the home and land were in both hers and her husbands names. Her husband, we never got along well, is living there now. I am her only child. Her husband had 2 children from a... View More
answered on May 13, 2020
Since she did not have a Will, her property would be distributed under the laws of Intestacy. If the home was titled to both as a married couple, the home would be his outright. If not, you would be entitled to 1/2 of it. To initiate the process, you will need to take a certified copy of her death... View More
He is now residing in the house on an acre of land. My question is what am I entitled to as her biological son? He has two daughters from a separate marriage who live half way across the country. I believe the home is in both their names. Any information would be appreciated. I want to know my... View More
answered on May 13, 2020
I am sorry for your loss.
To find the answer to your question, you'll need to find out if she had a Will. If she had a Will, it will dictate what happens to everything she owned. As to the house, this will depend on her Will, and possibly how the house is titled. If it is titled as... View More
Until the end of the month. My dad rented rooms out and I'm afraid things will go missing what are my right by law. I live in south Carolina
answered on May 11, 2020
If your father didn't have a will, then you, his other children (if any), and his spouse (if any) would be a beneficiary of his estate, so you would own the property and have access to it. You would need to open an estate to show the transfer of title to the property (there is a relatively... View More
I had to leave because he wouldn't an I am hier to the land but my husband says he is entitled to half we are not devorced
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answered on Apr 15, 2020
You didn't have to leave (and likely should not have unless there was physical danger) you could have attempted to force him out by filing a Divorce from Bed and Board. That is likely still an option so you should consult with a local family law attorney ASAP. And BTW your spouse is likely... View More
Her estranged husband has been taking possessions and trying to sell properties PLEASE HELP SHE HAD NO WILL
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answered on Mar 11, 2020
You can hire a probate attorney and get yourself appointed as executor of your mother's estate. You will then have the power of the probate court behind you to demand the return of all of your mother's things so that they can be properly distributed according to the terms of her will or,... View More
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answered on Feb 20, 2020
The process of retitling assets of a person after he or she passes is called probate. A probate attorney can help walk you through how to do this. Personalized advice cannot be given in this forum. A consultation with a probate attorney is necessary because the process depends a great deal on... View More
How do I go about getting the house?
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answered on Feb 20, 2020
You have not provided enough information to answer your question. First we need to know who is supposed to inherit the house. Did your uncle have a will? If yes, who is named in the will to receive the house? If no will, did your uncle leave behind a surviving spouse or children of his own?... View More
How long may she (and their 2 sons) legally remain in the home when family goes into probate?
answered on Feb 6, 2020
If the home is in his name alone then it is going to pass to his heirs after the probate process is completed. That means it is going to go to his blood line according to the NC intestate statute. In this case it will go to his/their children but if they are under 18 then their mom will most... View More
Siblings grew up together in one household since birth however one sibling was born out of wedlock (infidelity on the maternal side yet raised by the father as his own). Both parents are dead now (mother died first, father died recently hence the succession) without any wills. Does the sibling born... View More
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answered on Jan 28, 2020
In North Carolina, there is no distinction between half and whole siblings. NCGS § 29-3. Certain distinctions as to intestate succession abolished. In the determination of those persons who take upon intestate succession there is no
distinction:
(1) Between real and personal... View More
My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care.... View More
answered on Jan 23, 2020
You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.
My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.
answered on Jan 22, 2020
This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.
Consult an experienced civil... View More
All other non-real property is set via POD designations to pass equally to my two adult daughters. My goal is to avoid probate.
answered on Jan 17, 2020
You may be able to do a life estate deed. You should consult with an estate planning attorney in your area.
HerWill and all is at a lawyer office. Who can go get a copy of the will to keep her daughter from taking everything. The paperwork has it started in them that her daughter and a few others are not to be anywhere around
answered on Dec 22, 2019
A will by itself would not bar daughter from being present as the terms of the will are only in effect up upon death. A health care power of attorney would be necessary. If mom doesnt have one then its probably too late.
My mother’s sister are selling my grandma homes am I due what my mother would have gotten if she was alive
answered on Dec 16, 2019
You are entitled to any property your mother would have received had she been living. Feel free to contact me to discuss more.
My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving... View More
answered on Dec 12, 2019
When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.
The laws in NC state that if someone... View More
This is north Carolina btw
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