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North Carolina Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My Godmother passed away and Me and her niece are in the will for the house. I want to buy her half does the house have

To go through probate or can I continue with the home loan through the bank?

Ben Corcoran
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Ben Corcoran
answered on May 12, 2022

Unless the house is specifically mentioned in the will that it is to become part of the estate it does not automatically become part of the estate. The executor of the estate will likely have to join in the sale to release any potential interest the estate has but you should do everything in your... Read more »

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My sister and I own a house in North Carolina. My sister passed away. Do her children have any ownership in house.
Anthony M. Avery
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Anthony M. Avery
answered on Apr 29, 2022

Hire a NC attorney to search the title. It is very possible that both of you owned as Tenants In Common, such that her issue take her one/half interest as Heirs.

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1 Answer | Asked in Family Law and Probate for North Carolina on
Q: How to 'fix' transferring funds from deceased checking account? (North Carolina)

Just before my father passed, he and I set up a savings account online with me as a joint owner.

We neglected to add me on the checking account.

The day after he passed, a check auto-deposited in the checking account. Thinking I was joint on both, I transferred the money to the... Read more »

Ben Corcoran
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Ben Corcoran
answered on Apr 18, 2022

The funds in the checking account at the time of death are part of your father's estate. Because this money was transferred after death, it becomes much harder to determine the ownership. To access the account, you will have to go through the probate process and be appointed the personal... Read more »

1 Answer | Asked in Adoption, Family Law, Estate Planning and Probate for North Carolina on
Q: My grandfather died without a will and I was adopted, do I need the adoption papers?

My grandfather died without a will and he owns the house and has a sizable bank account not in my name. He has no heirs other than me. What do I need to do to get them in my name. I was adopted by my biological grandma and he was married to her the moment she passed away and continued to raise me.... Read more »

Ben Corcoran
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Ben Corcoran
answered on Apr 14, 2022

There are a couple of questions that will need to be answered before I can give you specific advice. Did your grandfather adopt you as well? And second, are you biologically related to your grandfather? If you can answer yes to either of those questions, you can likely get his assets transferred to... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My father died last year and assigned his house over to me legally before he died. However, he did not leave a will

How can I get the vehicles off my property with out trying to take claim of them through becoming an administrator of his estate or possibly doing an mvr-317? Can I try to get an abandoned title since they have been on my property longer than 30 days? Can I just have them hauled off at worst? What... Read more »

Ben Corcoran
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Ben Corcoran
answered on Apr 5, 2022

A bond for this small of an estate would be pretty small, additionally, if you are on good terms with your family they can waive the bond. This may be the best way to handle the matter as it will be quicker. Alternatively, you can apply for an abandoned title. Most scrapyards require you to show... Read more »

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Probate for North Carolina on
Q: Our 100+ yrs old family cemetery is kept by our assoc. What are rights re sale of property it's on?

We have a nonprofit family association. Land doesn't have deed. Widow of property wants to sell. What are our rights? Cemetery is in NC

Ben Corcoran
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Ben Corcoran
answered on Mar 28, 2022

Without reviewing the documents, I couldn't advise you on your options. Please contact a local lawyer to the property and have them review all the documents and give you a full legal opinion.

1 Answer | Asked in Probate for North Carolina on
Q: I am now an heir to grandparents property and assets, however, deeds may have been mishandled. How can I recv my share?

A family member forged signatures and/ or lied claiming to be sole heir and took possession of property deeds. Now, all land and money matters have been placed on hold but currently, no lawyer is involved to help resolve matter so I'm not sure why matters are on hold or cannot be touched or... Read more »

Ben Corcoran
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Ben Corcoran
answered on Mar 24, 2022

Hire a local lawyer to assist you, this sounds like a very complex issue that will need the specific knowledge that a lawyer will provide.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Need to remove deceased off of deed because loan modification wife just on deed not loan I file affidavit of survivorshi

Need to know what to do to get a new deed with her name removed I'm disabled we have guardianship of our nieces her side I had gotten gangrene right after she past away and COVID had to have a limb removed so it's been kind of difficult dealing with this death and the sickness and... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Feb 21, 2022

There are attorneys in this forum that very much would like to help, but we can't without more information. At a minimum an attorney would need to look at your existing deed to see exactly how title is vested now. The existing vesting determines what direction to take. You might want to... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law, Probate and Small Claims for North Carolina on
Q: I executed a new deed adding my wife to the house. 7 months later I'm getting sued by a creditor. Was this fraudelent?

We live in NC. I never knew that tenants by the entirety existed until after we executed the deed. I added her name because I'm significantly older than her and thought it was probably a good idea. We were dating when I bought the house. We have had a joint bank account since before the... Read more »

Ben Corcoran
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Ben Corcoran
answered on Feb 15, 2022

Without more information, I cannot give a definitive answer, but unless you had actual knowledge that the lawsuit was imminent you are likely okay.

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1 Answer | Asked in Probate for North Carolina on
Q: Probate question regarding dwnpymt to contractor who passed. Family didn’t file probate said they would include claim.

Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?

Ben Corcoran
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Ben Corcoran
answered on Jan 21, 2022

Once 90 days since the death has passed, any interested party can open the estate and apply to be the administrator. However, you will likely have to post a bond, and the wife can claim the first $60,000 in the estate before any creditors get paid. I don't know how much your deposit was, but... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away recently. My mom filed out Application & Assignment of Year's Allowance.

This has been granted through the courts. How does she access this money & what can it be used for?

I don't understand where the money comes from (all that we have listed on the form is cars/boat/personal property). All bank accounts were joint. Is this money that she can get to... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jan 14, 2022

Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Parents have a trust, but dad never changed titles of property or accounts into the trust. He recently deceased.

Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?

What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 14, 2022

You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... Read more »

2 Answers | Asked in Criminal Law, Probate and White Collar Crime for North Carolina on
Q: After being named Executor for the estate it's discovered that the (POA) took atleast 180,000 for personal use.

POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 11, 2022

This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a... Read more »

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1 Answer | Asked in Probate for North Carolina on
Q: If a beneficiary is married and dies before they inherite, does the spouse inherite. They have no children.
Ben Corcoran
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Ben Corcoran
answered on Dec 2, 2021

Depends on how close together the deaths are, and whether or not wills are in place for both parties. Bring everything to a local estate planning attorney and ask them for their opinion on how to proceed.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do we handle creditors who want the inventory information in order to settle accounts for less than 50%?

We have about 23,000 in the estate account to pay creditors. We are not selling the house willed to us because my husband and I live their with our kids. There is about 53,000 worth of debt. Medical, 1 credit card, and 2 home improvement loans. Some of the creditors wants a debt to asset ratio in... Read more »

Ben Corcoran
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Ben Corcoran
answered on Nov 15, 2021

This sounds like a very technical question that I couldn't answer without seeing all of the paperwork. My advice is that you get all the paperwork in front of an attorney and let them advise you more completely.

2 Answers | Asked in Probate for North Carolina on
Q: A woman I know is getting inheritance and her lawyer is telling her she has to have beneficiary to be able to get her.

He want my Social Security number .I don't want to do that.Can you advise me?

Nina Whitehurst
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Nina Whitehurst
answered on Oct 20, 2021

She does not have to designate a beneficiary for her inheritance in order to receive her inheritance. She can receive her inheritance and then later designated beneficiary.

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1 Answer | Asked in Probate for North Carolina on
Q: Why do you have to wait six months before you can disperse money from an escrow account.

I was recently named executor of my mothers estate (in NC) and will be selling the family home this month. I was told that the money will have to stay in escrow for six months. My question is why 6 Months???

Anthony M. Avery
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Anthony M. Avery
answered on Oct 7, 2021

Since you filed for Probate, you will have go through with the process. Someone might have a claim against the Estate which could render it insolvent and require the sale proceeds to satisfy the claim. There is probably a title insurance requirement involved with the purchaser's loan. If... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: My mom died 8 yrs ago. She lived in FL. still has bank accts. How do I gain control of them? I'm in NC.

I have her death certificate. I do not have her will. executor refuses to do anything about it.

Ben Corcoran
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Ben Corcoran
answered on Sep 27, 2021

Ask this question on the FL boards, very few NC attorneys can offer legal advice regarding a FL matter.

1 Answer | Asked in Probate for North Carolina on
Q: Mom and brother lived in VA while I live in NC. I was their Executor. Why was there a Bond when both Wills said NO bond.
Ben Corcoran
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Ben Corcoran
answered on Sep 2, 2021

This is actually a question for VA lawyers and any answer you get from an NC lawyer is likely pure speculation.

I do know that if you lived in VA and the estate was in NC you would be required to post bond because you are out of state.

1 Answer | Asked in Probate for North Carolina on
Q: Can a beneficiary sue a trustee for embezzlement of deceased assets, if they have proof of their wrong doings?

Bank, mortgage insurance and tax fraud against deceased and beneficiaries.

Ben Corcoran
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Ben Corcoran
answered on Aug 26, 2021

Almost certainly you can sue, I highly advise that you find a lawyer who practices in this area and talk to them to get a better idea of what your options are.

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