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North Carolina Probate Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: What happens to the house in NC when one of the owners dies?

Grandfather and girlfriend bought property together and they both lived in house as man and wife. The deed does not say tenants in common nor joint tenants in common. What will happen when one of them passes. Grandfather did a will giving the house to his children but the girlfriend did not sign... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 14, 2019

Unmarried co-owners are presumed to own as tenants in common in equal shares, unless the deed states otherwise. Accordingly, when your grandfather dies, and assuming the will is valid and is as you stated, his children will own 50% of the house along with the girlfriend as to the other 50%.

1 Answer | Asked in Landlord - Tenant and Probate for North Carolina on
Q: inherited property and step-granddaughter won’t move out.

My father passed two weeks ago and left all property/house to me and my sister. The house has already gone through probate. His step-granddaughter had been staying there for a short period before he passed and we have since asked her nicely to be out by today. We gave her two weeks from 9/14/19.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 28, 2019

Law enforcement rarely will evict a trespasser if it "looks" like she "lives" there. Even something as simple as her clothes in a closet will scare them away. You are going to need to hire an attorney to help you with an unlawful detainer action against her.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My deceased father's estate is in probate with a sibling as administrator. My father's residence is not a part of the

probate process, correct? If correct, can the Administrator sell the residence without the signatures of the remaining siblings? Can the siblings have a say so in determining the listing price of the residence and final offer?

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

There is no way to answer your question without knowing exactly how your father's house was titled when he passed. It it was in his name alone when he passed, then it IS part of his probate estate and WILL be part of the probate process. If there were one or more other people on title, then it... Read more »

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: How do I protect my interest in a dual inheritance?

When my grandmother passed away, she left the house and land equally to me and my aunt. Instead of selling the house and dividing the proceeds, my aunt has continued to live there since her passing. Currently, my aunt and I are somewhat estranged and I do not know what preparations she has made.... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Sep 13, 2019

There are several options you could pursue, but they will all depend on how the property is titled. Please feel free to call me to discuss further.

Evan Lohr

Attorney at Law

(919)348-9211

evan@lohrnc.com

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1 Answer | Asked in Probate for North Carolina on
Q: My husband was left land through his grandfathers will. Does this land need to go through probate?

His grandfather had no bills. When does the land officially become my husbands and how long do we have to wait to start the process of putting a home on it?

Charles Evan Lohr
Charles Evan Lohr answered on Sep 6, 2019

The will will need to be admitted to probate to pass title, but the real estate is not technically a probate asset. There is a fairly inexpensive way to do this that I’d be glad to help you with.

Evan Lohr

Attorney

(919)348-9211

1 Answer | Asked in Probate for North Carolina on
Q: My dad was in the process of selling his house he signed the papers 2 days before he passed do his heirs have to probate

All he owned was the house and less than an acre of land nothing else at all with would be split with 5 daughters!

Nina Whitehurst
Nina Whitehurst answered on Sep 4, 2019

Yes, and quickly. One of you needs to be appointed executor of your dad's estate so that you can sign the closing documents, and you are going to need to open an estate bank account to receive the sale proceeds. Call a probate attorney in your area today.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Father passed in April 2019. In North Carolina, is my father's residence a part of the probate process? Does the

Administrator of my father's estate have the authority to prevent any beneficiary from accessing the residence? And is the Administrator the final decision maker on the sale price of the residence, and do all the beneficiaries have to agree on the sale price of the residence, along with any... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Sep 2, 2019

The beneficiaries of the estate own any real property located in NC upon the death of the decedent, although the administrator can petition to bring the real property back into the estate if it is needed to pay the claims of creditors or costs of administration. Unless that is the case, the... Read more »

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: Right after my husband passed away I had a relapse in that time I signed everything over to his adult children .

His son manipulated me and told me he had the money to fight me and I would get nothing . His father and I had been split up for a year but I still took care of him . his son give me 5000 but my id wasn't even valid and I dont remember signing the papaers due to me doing pills trying to cope with... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Sep 2, 2019

There are ways that you can try to undo the transfer(s), but you will almost certainly need an attorney to help you with filing a lawsuit. Feel free to contact me to discuss further.

Evan Lohr

Attorney

(919)348-9211

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Father passed in Spring 2019 with a Will and debt free residence. Is the residence separate from the estate which is in

probate as Executor passed before father and no identified successor Executor? Residence was left to be distributed to children.

Nina Whitehurst
Nina Whitehurst answered on Sep 2, 2019

If the residence was in your father’s name then it is part of his estate. The probate court can appoint an executor. Usually a family member petitions the court to be appointed. A local probate attorney can help you with this.

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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
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
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
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
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
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
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
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
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
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
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
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 »

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