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North Carolina Probate Questions & Answers

1 Answer | Asked in DUI / DWI and Probate for North Carolina on

Q: What is the punishment for defrauding a urinalysis for the court system I am on probation and got caught.

Amanda Bowden Houser answered on Aug 21, 2019

It will be a violation of your probation at least. Consult with a local criminal law attorney who can review your situation in more detail and provide you with options. Best of luck.

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: my father has dementia can I find out if he has a living will and poa

he got sick today had to go to hospital

Angela L. Haas answered on Aug 13, 2019

You could check with the Register of Deeds Office to see if he recorded his Durable POA; however, his physician will have to check with the Secretary of State's Office to see if he registered a Living Will or Health Care POA

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: I'm preparing to close my mothers estate. Do I need to distribute the remains of the estate checking account as well?

There is about 1500.00 dollars left and debts have been satisfied.

Nina Whitehurst answered on Aug 8, 2019

Yes. Your attorney should be helping you with this.

1 Answer | Asked in Probate for North Carolina on

Q: I am assisting a friend with a probate of a will in Buncombe Co, NC. I have a question about a form we rec'd from the

clerk of the court. This is a simple estate with some personal items and a house. The will leaves the house to the heirs and directs them to assume any debts. They are not required to sale the house. The clerk gave us a form AOC 505 - revised 5/19, which refers to "Real Estate Willed to the... Read more »

Charles Evan Lohr answered on Jul 25, 2019

You are correct.

Best regards,

Evan Lohr

Attorney

(919)348-9211

evan@lohrnc.com

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: Can I sue for my deceased daughter's possessions from husband that I bought her for gifts?

It has been 1 1/2 years since her passing and he has yet to contact me. I sent him a letter requesting certain items, but received no reply. Nothing since her funeral. He has since remarried, and I was told her things were removed from the house. Storage? maybe. I need some closure, as I have... Read more »

Amanda Bowden Houser answered on Jul 14, 2019

Unless she left you something in a will, anything you gave to her as gifts are hers and are part of her estate. You would likely not have any direct claim to them or cause of action to force him to give you anything of hers. Should her husband give you something to remember her by? Likely he... Read more »

1 Answer | Asked in Probate and Social Security for North Carolina on

Q: There are 6 heirs .My parents passed away and I have filed for my as I there doctors say I'm disability but want pay me

Until the estate is settled I thought I can't sell my part if the other5 heirs want let me what. Can I do to get my money I need

Charles Evan Lohr answered on Jun 30, 2019

Hello,

Feel free to contact me at 919-348-9211 or evan@lohrnc.com. I think I can help you but need more details.

Thank you,

Evan Lohr

Attorney

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: I am the probate of my dad's estate he has an SSI check deposited from May 31rst 2019 and he passed on June 13th 2019 ca

Can I withdraw this money being his probate with letters of administration this payment was for June

Kenneth V Zichi answered on Jun 18, 2019

You can't simply withdraw a check from someone else's account.

FIRST you would need to be appointed as the personal representative by a court

THEN you will need to determine if there are debts -- including debts to Social Security for payments made but not 'earned'

THEN...
Read more »

2 Answers | Asked in Estate Planning and Probate for North Carolina on

Q: Can I take my dad's SSI payment out of the bank the deposit was on May 31rst 2019 and he passed away on June 13th 2019

I am his administration person through the clerk of courts because he had no will

Amanda Bowden Houser answered on Jun 18, 2019

If he was entitled to the payment at the time it was deposited and you have authority to make the withdraw then - yes.

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1 Answer | Asked in Probate for North Carolina on

Q: My mom passed 4 years ago and her will has never been through probate because the property is mortgaged. I am not in

charge but am her oldest child. What can i do? I wish to return to her home and live there with my grandson. The payments have been made but want this mess cleared up. We live in NC. I have asked the person in charge to look into this matter but am told they can do nothing because of the mortgage.

Charles Evan Lohr answered on Jun 10, 2019

There are ways that you can compel the production of a will - or if no will is produced you can open an intestate estate. I recommend that you discuss further with a lawyer - I'm glad to help.

Thank you,

Evan Lohr

Attorney

(919)348-9211

evan@lohrnc.com

1 Answer | Asked in Probate for North Carolina on

Q: Can you conduct a Summary administration (one real-property asset) in NC if the adult children renounce? (no will)

Father in law died intestate in Tenn. No probate required. Owned a single piece of real property (land) in N.C. worth >$40k. He left a Wife and 3 adult children. If the adult children (and spouses) file renunciations for interest in the NC property, can his widow (spouse) file for summary... Read more »

Charles Evan Lohr answered on Apr 12, 2019

There is likely a better option than summary administration. Feel free to give me a call to discuss.

Evan Lohr

919-348-9211

Evan@lohrnc.com

1 Answer | Asked in Probate for North Carolina on

Q: Is there a database of wills recorded by lawyers?My stepmom now claims there is no will. Before death, a will spoken of.

My father mentioned their will a few times over the years. My Step mom mentioned the will just days before his death. She stated she would get everything. I discovered she closed estate on same day it was filed. She stated no will existed or has been found. Upon my request to see his will, a year... Read more »

Sara W. Harrington answered on Mar 6, 2019

There is no database to find out whether someone had a will and, if so, who drafted it. You contact local attorneys' offices, let them know your father is deceased and see if they have a will for him on file. You can also go to the Clerk's office with his death certificate and see if they have his... Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for North Carolina on

Q: NC Elective Share calculation - Can someone explain the calculation in layman terms?

Amanda Bowden Houser answered on Jan 25, 2019

Essentially, a deceased person could have taken any number of incredibly simple steps legal and / or illegal to ensure his or her surviving spouse gets absolutely nothing upon his or her death but cutting the surviving spouse out of a will is not one of them. So if the surviving spouse is... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on

Q: NC Elective share-When served with an elective share petition from the surviving spouse, and you have no defense,

what is your response?

Charles Evan Lohr answered on Jan 23, 2019

You do not have to respond if you believe you don't have any defense, however, there are often property valuation issues that come up in these types of cases. I'm glad to discuss if you'd like.

Thank you,

Evan Lohr

Attorney

(919)348-9211

evan@lohrnc.com

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: How solid is the “My 5 Wishes”?

Fiancé passed away. I was the caregiver and healthcare agent as well as the appointed power of atty- until the end. There was no will. The surviving child(19) doesn’t want anything to do with being the executor. It is my honor to carry out wishes my fiancé had for the child. (ie: equity/... Read more »

Charles Evan Lohr answered on Jan 19, 2019

My condolences on your situation. In this case, since there was no will, North Carolina's intestacy rules will dictate how your fiance's assets are distributed. You may be able to be appointed administrator of the estate, especially if the child will agree that you should serve. Handling probate... Read more »

2 Answers | Asked in Probate for North Carolina on

Q: Is there an AOC form to petition for an elective share? Form #? Sample petition?

Sara W. Harrington answered on Jan 16, 2019

I believe the form you are looking for is AOC E-100. APPLICATION AND ASSIGNMENT YEAR’S ALLOWANCE

The link is: https://www.nccourts.gov/assets/documents/forms/e100.pdf?AadqAnQqiiRR5QZJyHGqMX0D6VYoY3if

This form allows the surviving spouse to apply for the first $60,000.00 of the...
Read more »

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1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: No will, no surviving spouse, all seven children are deceased, they have children, are the children the only heirs?

Deceased own 1 acre land in NC, lived in NC.. Some of the deceased children have living spouses are they entitled?

Sara W. Harrington answered on Jan 10, 2019

The North Carolina laws of Intestate Succession determine who will inherit when there is no will.

If there is no surviving spouse or children, the next in line are grandchildren. If some of the grandchildren have died before the person of whom you are speaking, then their children would...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: What next with NC Assignment of Spousal Years Allowance form?

My wife passed away and I have filed for the Assignment for Spousal Years Allowance with the Clerk of Courts. She has a few hospital bills that need to be paid, will my bank accept the sealed/certified Allowance Form (AOC-100-E) form of will they also require I file for an EIN number? When more... Read more »

Sara W. Harrington answered on Jan 8, 2019

I'm sorry for your loss.

You're off to a good start by filing the Spousal Allowance form.

If your wife listed you as the beneficiary (also called TOD or POD) on her financial accounts or if you had a joint account held as "joint tenants with right of survivorship", the financial...
Read more »

1 Answer | Asked in Probate for North Carolina on

Q: Spouse passed away with no will and has lawsuit settlement check coming in. What forms are needed to receive the money?

My mom passed away in November without a will & has a settlement check coming in payable to her name. Her assets are less than the NC $30k spousal years allowance qualifications and I was told we could possibly fill out the Application & Assignment Years Allowance form (AOC-E-100) instead of... Read more »

Sara W. Harrington answered on Dec 27, 2018

My condolences to you and your family on the loss of your mother.

Yes, your father can file AOC-E-100 form with the Clerk of Court to get his spousal allowance without having to open an estate. Actually, the allowance has been increased to $60,000, so if there are any other assets such as...
Read more »

1 Answer | Asked in Probate for North Carolina on

Q: My dad passed with mortgage on house in NC. We can't afford/don't want it. Can the mortg co come after POD account

The house is probably only worth what's owed on the mortgage due to slow and flooded real estate market. The rest of the estate consists of a high mileage 2007 vehicle worth about $3k, a utility trailer $200,and household goods/clothing around $500 (yard sale price) and a possible refund from a... Read more »

Sara W. Harrington answered on Dec 26, 2018

In order to open an estate, even for a small estate, if the personal representative of the estate does not live in North Carolina, you will need a resident process agent. That can be a trusted friend, but most often it's an attorney.

Regarding the house, I recommend you get an experienced...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: What is the process to add a backup personal representative to a will after a loved one's passing?

A relative passed recently and the personal rep is elderly and not in good health. It will be a huge mess if the personal rep passes before settling the estate.

Sara W. Harrington answered on Dec 26, 2018

The North Carolina statutes provide for a procedure to replace the executor if the executor dies. It's generally a very orderly process. The will may list successor to the executor or the Clerk may appoint someone. In your case, it sounds like the will listed no successor personal representative.... Read more »

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