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North Carolina Probate Questions & Answers
1 Answer | Asked in Probate for North Carolina on
Q: In NC, how do I sign probate annual inventory if co-executor died?

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?

Ben Corcoran
Ben Corcoran 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.

1 Answer | Asked in Probate for North Carolina on
Q: Can small Estate Application be converted to full probate if necessary?

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... Read more »

Ben Corcoran
Ben Corcoran 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...
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2 Answers | Asked in Probate for North Carolina on
Q: In NC..is the administer of estate. Appointed by court reasonable for maintaining utilities during probate

Responsible for upkeep and utilities being on

Ben Corcoran
Ben Corcoran 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...
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1 Answer | Asked in Probate for North Carolina on
Q: How can I notify beneficiaries if I no longer speak to them?
Ben Corcoran
Ben Corcoran 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.

1 Answer | Asked in Patents (Intellectual Property) and Probate for North Carolina on
Q: my dad pass on august 31 2020 he as 2 properties 1 with his wife bought in 1989 and he as 1 property he bought 1986 mom

with my mom he does not have a will

Ben Corcoran
Ben Corcoran 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...
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1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: We are in NC and have signed a contract to buy a home. The seller has passed away today. We do know there is a will.

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?

Ben Corcoran
Ben Corcoran 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... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: I have my deceased fathers car and cannot find the title. How do I transfer the title that is missing to my name?

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... Read more »

Ben Corcoran
Ben Corcoran 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.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My mother recently passed away and did not have a will. My father passed several years prior to her passing. My brother

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... Read more »

Ben Corcoran
Ben Corcoran 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... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: A question on State of North Carolina form AOC-E-204, AFFIDAVIT OF COLLECTION, DISBURSEMENT AND DISTRIBUTION

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?

Ben Corcoran
Ben Corcoran answered on Oct 26, 2020

Sorry to hear about your loss, the entity you received those from was the Estate of your late son

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My parents died within 24 hours, my dad first my mom 2nd. Which will do we abide by? Also one of my siblings

Is deceased and our parents wills only name each other as heirs. Does estate flow to living siblings equally?

Nina Whitehurst
Nina Whitehurst 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... Read more »

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1 Answer | Asked in Probate for North Carolina on
Q: Grandma just passed. No living children or spouse. Power of Attorney deceased (daughter)

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... Read more »

Ben Corcoran
Ben Corcoran 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...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My brother passed away this year, I’m his only sibling, I had the power disconnected, refund check was mailed can I cah

Can I cash it legally?? No will was left, all the mess has been dumped on me to handle. No lawyers are involved either

Ben Corcoran
Ben Corcoran 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... Read more »

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: My father and his wife both recently died in North Carolina with no original will, and lots of debt. What happens next?

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... Read more »

Ben Corcoran
Ben Corcoran 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...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My uncle died with no will & I was wanting to know if his nieces and nephews are the next in kin (heirs)?

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... Read more »

Ben Corcoran
Ben Corcoran 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...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: NC I live in the home with my parents. The mortgage is in my father name. How do make sure I can keep my parents house

If my father should pass away. Will quitclaim work?

Amanda Bowden Houser
Amanda Bowden Houser 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... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: In N.C. is the Personal Representative supposed to notify all potential heirs when probating an estate?
Ben Corcoran
Ben Corcoran 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...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do I become executive of my mom's estate she passed and although I was told my parents were divorced they are not

I am her only child they have been separated my whole life

Ben Corcoran
Ben Corcoran 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...
Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for North Carolina on
Q: If my dad is divorce from my mom if both names are the land he owned, am I entitled to the property

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

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow 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...
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1 Answer | Asked in Elder Law, Estate Planning, Probate and Real Estate Law for North Carolina on
Q: Can older sister step in and take over half my house since mom is on the deed as borrower when and if mom dies.
Amanda Bowden Houser
Amanda Bowden Houser 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... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: I live in nc my oldest sister s.c became gravely ill and passed spouse did not notify us including 85 yr father .lawsuit

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

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow 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...
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