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...Read more »
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?...Read more »
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...Read 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... Read more »
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
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. My... Read more »
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.
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.
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
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 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 kid of... Read more »
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 dies...Read more »
There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to...Read more »
Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she... Read more »
First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives...Read more »
I know you think this is a simple question, but in reality it's not. The answer depends on a lot of things. It depends on what other assets are in the estate. It depends on the validity of claims made against the estate. It depends on whether those claims are still valid or have expired. It...Read more »
I'm from SC my father predeceased his mom he died in SC I'm personal representative over my dad estate but I was sent a notice of probate for my granny estate with my name on it she died interstate secession in north Carolina I contacted the executor in was told the court ordered for child support... Read more »
Under NC law illegitimate children cannot take by intestacy. There is a distinction between paternity and legitimation. If your father never went through the formal process of legitimation and didnt leave a will, you cannot do it now.
The laws in each state may differ but the public...Read more »
Several years ago my mom had my ex- husband put up a barb wire fence all the way around the property she was leaving me in the WILL so there wouldn't be a problem after she passed away. Back in 2015 when I had just started dialysis, weighed 80 pounds and honestly felt like I was dying, I could... Read more »
You have to pay back the executor of his estate. The executor will then distribute the repaid funds along with other estate assets to his heirs. His heirs may or may not be his siblings. It depends on whether he had a will and what other relatives survived him.
Mother passed away in May. Her will states that "her individual" (not joint) property is to be divided between current husband and 2 adult children from a previous marriage equally. The $60,000 spousal allowance off the top reduces adult children portions making spouses portion that much more.... Read more »
Considering there is a surviving spouse who arguably should have gotten everything, one would think you'd be grateful you are getting anything especially if the amount of potential reduction is a mere $60,000. Of course, if you wanna make sure you grub up as much as possible for yourself - just...Read more »
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