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There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More 
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answered on Aug 16, 2024
No claim to estate assets as either a spouse, will beneficiary nor heir. However Decedent's relatives need to hire a GA attorney to start a Probate if there are any decent assets. Quickly... If GF was on a Banking Account, then it will be cleaned out and not an Estate Asset.
Ally bank says according to OK laws, probate is required but from what I've been told, it's not necessary here in NC. He had no fixed residence- his address on the death cert says "transient", which the bank has a copy of. Ally won't allow me to close out his account, even... View More
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answered on Jun 18, 2024
If the value of the account is less than $50,000 you should be able to collect it using a small estate affidavit. The bank might even have their own form for that. If they don't a probate attorney in Oklahoma can help you with that.
the proceeds from the sale of the house?
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answered on Feb 27, 2024
When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More
My mother recently passed away. We transferred her home and car into my name a few months before her death, but the mortgage is still in her name which I have been paying. She did not have any estate. Am I responsible for paying her Medical bills prior to her passing and can they take the house... View More
answered on Feb 15, 2024
Without seeing the actual bills and the deed transferring the property to you, I can't give you an answer. I suggest taking all the paperwork to a local attorney and having them give you specific advice.
The mortgage company will likely require you to get a new mortgage or, if you are... View More
My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something
answered on Jan 31, 2024
There are a couple forms she could be trying to get you to sign. It sounds like she's trying to get you to waive your inheritance rights. If your father's wife never adopted you and never made a will, realistically the stepsister gets her property. Why she's trying to get you to... View More
It's her and her oldest kids that think everything is theirs
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answered on Jan 28, 2024
If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More
I am 36 years old. My mom passed away many years ago and so did my only brother. Everything of course was then only my stepdads. My stepdad has been my father since I was 5 years old. I consider him my father of course. We’ve always had a great relationship but recently he has been ill and... View More
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answered on Jan 14, 2024
Your stepdad is mistaken and you are right to be concerned. You are NOT in the line of succession. To inherit from your stepdad he would need to name you as the death beneficiary on his financial accounts (an excellent method) AND sign a will that leaves everything to you (for items that do not... View More
I am 36 years old. My mom passed away many years ago and so did my only brother. Everything of course was then only my stepdads. My stepdad has been my father since I was 5 years old. I consider him my father of course. We’ve always had a great relationship but recently he has been ill and... View More
answered on Jan 31, 2024
If he never adopted you, you don't inherit from him in the absence of a will. Intestacy statutes will apply and the property will either go to his children (if he has any legal children) or his sibling(s). His living sister's daughter won't have a claim (rather the sister herself... View More
My Grandmother outlived my father. As far as my siblings and I were told that his half of the inheritance would be split among us. We are not very close with his brother (my uncle) who is now the executor of the estate. In my fathers will it states that any inheritance that he would receive in the... View More
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answered on Jan 1, 2024
In North Carolina, the probate court oversees the administration of estates to ensure that wills are followed correctly. The executor, in your case, your uncle, has a legal responsibility to administer the estate in accordance with your grandmother's will and relevant state laws.
If... View More
Passed in 2021, I just got a copy of the will. My sister was executor, I'm a trustee. My brother sold my dad's land right at 1/2 million, brother took money and bought land and home in brother's name one year before dad's death.
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answered on Nov 29, 2023
An unexecuted will cannot be probated. Apparently the Father's heirs owned the property. You will need a very good real property litigator in the County of the land to file ejectment, quiet title, etc. actions. All interested parties must be parties. However laches will probably prevent... View More
Unmarried spouse of 17 years dies suddenly without a will. He has a DBA business. After he died his brother helps my mom with arrangements. He ends up taking over the business. Out of good faith my mother hands him every title to every vehicle there is work vehicles included. Well one by one he had... View More
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answered on Nov 24, 2023
If your spouse passed away without a will, the distribution of their estate, including the business and assets, would be subject to the intestacy laws of the state where you reside. These laws determine how assets are divided among surviving family members in the absence of a will.
As an... View More
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answered on Nov 15, 2023
If the probate office has determined that there is no estate, then technically there is no "estate" to receive mail. However, it is possible that there are still some outstanding matters that need to be resolved, such as closing bank accounts or canceling credit cards. In this case, you... View More
Had stock but named a beneficiary for those.
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answered on Nov 13, 2023
In North Carolina, probate is necessary for handling the estate of a deceased person, but it may not be required for all types of property. If the only assets are personal items like clothes, linens, kitchen utensils, food, cleaning supplies, a mini fridge, cooler, and old TVs, probate might not be... View More
I was not on any of the credit accounts, nor did I sign anything for the medical procedures. There is no estate. House was in both our names.
answered on Jul 26, 2023
I highly advise you to hire an attorney and have them assist you in probating the estate. The credit card debt can likely be wiped out by opening the estate. The medical debt will unfortunately likely follow you since spouses are normally liable for the medical debts incurred by their spouse.
The remaining asset is a life insurance policy $1,000 with no named beneficiary. Funeral expenses were paid for by myself. The death certificate is pending. I don't reside in the state. My grandmother is probably going to file for executor of the estate as she mentioned having to sale land to... View More
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answered on Jul 18, 2023
You could hire a NC attorney to search the title and determine heirship. Then draft and record an Affidavit of Heirship as the heirs' source of title. If Probate occurs, the real property is not part of the Estate unless the administrator tries to force a sale of it to pay creditors. That... View More
I have been told thatI need to get an Attorney as administrator of the Estate due to their being 3 other heirs. I just want to know if that is necessary?
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answered on Jun 23, 2023
No such estate as "joint tenancy". Instead it is either joint tenancy with right of survivorship, or it is tenancy in common. And most likely the latter, where Mother's heirs take one half of the title. Hire a NC attorney to search the title, determine ownership, and advise... View More
I have been told thatI need to get an Attorney as administrator of the Estate due to their being 3 other heirs. I just want to know if that is necessary?
answered on Jun 26, 2023
Mr. Avery is not entirely correct here. I would not be surprised to see either type of ownership. It is very common to have a joint tenancy created among family members to avoid probate. In joint tenancy, everything would have passed to your sister the second your mother passed. To confirm this,... View More
Their uncle was the end of the line for that entire family tree. Our mom and their dad are dead. It's really sad. I was actually contacted by someone executing the estate looking for other relatives. There are probably very distant cousins (like shared a common great-great grandparent), but... View More
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answered on Apr 25, 2023
Determining Heirship can be extremely difficult. Sometimes it is best to attempt to include any suspected heirs as parties, then sue unknown parties to Quiet Title to certain properties via publication notice. Hire a very competent NC attorney to represent you against whoever is trying to... View More
He passed away in 2021, the house went into foreclosure last year, and then they auctioned it off, and that was the last I heard about it until I was just contacted about there being surplus funds from the sale.
answered on Apr 14, 2023
Excess funds from the sale belong to his estate. The reason why you were notified that the Clerk is holding excess funds is because there was likely a second mortgage, home equity line of credit, judgment lien, or tax lien (often more than one of these) that remains unpaid. You should contact a... View More
They have been separated since 2002. He resides in Mexico and he wants me to take care of all her finances.
answered on Mar 10, 2023
It sounds to me like you are saying your father has a power of attorney for your mother, and can he transfer that power of attorney for your mom to you.
A power of attorney does not survive the death of the person who signed it. Because your mom passed away 12/18/2022, any power of... View More
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