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?
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.
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.
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.