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North Carolina Probate Questions & Answers
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
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
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
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
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
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.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: First cousin died intestate.I responded.Lawyer wants response stricken cause I'm adopted child of uncle

1st cousin (child of her uncle)

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

If they legally adopted you, you are treated no differently than a biological member of the family under the law. Whether or not you have any rights to your cousin's estate is a separate matter and would turn on how many surviving family members your cousin had.

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: First cousin died intestate I responded.I was listed as intestate heir, a lawyer wants to strike cause adopted

In NC I am adopted 1st cousin

Charles Evan Lohr
Charles Evan Lohr answered on Aug 2, 2021

I would need to see the petition filed by the lawyer to give you a worthwhile opinion. Feel free to contact me.

1 Answer | Asked in Probate for North Carolina on
Q: Good morning is there a way to become executor of estate if others will not released other sign. In the state of NC
Ben Corcoran
Ben Corcoran answered on Jul 8, 2021

Depends on whether or not someone was named in the will if there even is a will. If no one has come forward within 90 days from the death then anyone interested can serve as executor provided the clerk approves them.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: $83k value intestate estate, $23k to lawyer. Clerk of Court requested lawyer petition for fees. Why is this being done?

Closing out estate after almost 2 years. The overall estate value is $83k with $23k going to the lawyer. Now Clerk of Court is requesting lawyer petition the court for fees. I am supposed to sign a document agreeing to this. Why am I being asked to do this? Is this normal? Is Clerk questioning the... Read more »

Ben Corcoran
Ben Corcoran answered on Jun 22, 2021

Some Clerks across the state require that lawyers petition to get fees paid, others view it as an issue between the executor and the lawyer. This sounds like an example of the first issue, and you have to comply with the Clerk's wishes.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Estate Planning and Probate for North Carolina on
Q: Person leaves land to 2 people. 1 of the people die and its inherited. Can 1 sign it to someone w/o both party's consent

My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2021

It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for North Carolina on
Q: My Grandfather died in 2007, he was 92 yrs old. His step children took him to change his Will, shortly before his death

My Brother and I were his only Grandchildren. Our Father (his Son), was an only child, died in 1978.

His 1st Will had left his home to my brother and I, which had been that way his entire life!

He had a home, his 3rd wife had a home elsewhere. It was agreed, his property would go... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 21, 2021

If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... Read more »

1 Answer | Asked in Elder Law, Probate and Small Claims for North Carolina on
Q: How do you locate an Will from 1950's? I've tried finding it, with no luck! I have MS, I can't afford a Lawyer to help!

My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.

My Father also died in 1978. My Brother and I are the only living relatives!

Our entire life, we were told her Will... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 21, 2021

A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: In NC can a girlfriend of over 20yrs inherit anything from partner who has died? He had property and has a bank account.

His sister has taken over the house and everything. The car was to go to me and my name is on title. There is no will. It is like I don't or never existed. They have been using his money.

Ben Corcoran
Ben Corcoran answered on May 17, 2021

Without seeing the car title and bank information, I cannot answer your question fully. However, the likely answer is that no, you will not inherit anything. Since the car was at least partially titled to you should still have an interest in that. The bank accounts ownership depends on how they... Read more »

2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »

Ben Corcoran
Ben Corcoran answered on May 7, 2021

It will save your heirs some money if you do so. If there is no beneficiary, all of the assets in the IRA will be subject to the audit fees from the Clerk's Office.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father passed away. He had nothing except a vehicle worth around $3500. He lived in Florida. Me is NC. I want to se

Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.

Ben Corcoran
Ben Corcoran answered on May 5, 2021

You would have to probate in FL, and while there may be some lawyers on here that can practice in NC and FL you will have better luck posting in the FL section.

1 Answer | Asked in Probate for North Carolina on
Q: how difficult is it to probate my neighbors very small estate, had revies mortage and $800.00 in checking account. with

with out a lawyer she has nothing of value in her home. I want to buy the house for rental. and at this time I do not have money for a lawyer

Ben Corcoran
Ben Corcoran answered on May 3, 2021

For small estates, it is very common for the clerks to assist the administrator with getting everything filed. Talk to the local clerk's office and see if you can open the estate.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: my wifes grandmother passed away 4 years ago, she gave my wife the house before she passed, her sister is trying to sue.

so my wifes sister is now trying to sue us for 25000 dollars because she thinks shes entitled to part of the house. the house sits on a rented lot which ive paid for the last 4 years, ive also paid the taxes, paid for all upgrades including new appliances and ac unit, and paid for the upkeep. i... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 29, 2021

Yes, your wife's sister has legal standing to sue. Whether she will prevail or not is an entirely different question, and you did not state any facts on which she might rely. The usual grounds for setting aside a deed would be fraud, misrepresentation, coercion, undue influence and/or elder... Read more »

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: My husband passed away eight months ago before we titled vehicles in my name. They are tagged in MN and we live NC now

We were living in MN and moving to NC when my husband passed away in WI, eight months ago . We didn't have a will and before we could transfer the MN vehicle's to NC he passed away. We no longer have a MN address and our permanent address is in NC. North Carolina said I need MN to tell... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 22, 2021

You and your husband likely became domiciled in NC when you left MN. As such your need to open a probate in NC, you do this by talking to the clerk's office in the county you intended on living in. Once you accomplish this you can transfer the titles to your name. You will have to notify any... Read more »

1 Answer | Asked in Family Law, Estate Planning and Probate for North Carolina on
Q: Mother has dementia, I’m hcpoa, brother named executor upon my dad’s recent death...

My question is does my brother legally control all assets and funds due to my mother having dementia?

Ben Corcoran
Ben Corcoran answered on Apr 13, 2021

Depends on the will or lack thereof, also you are the HCPOA but is there a durable POA also in place for your mother? You probably need to take all your documents to a local attorney and get a more tailored opinion.

1 Answer | Asked in Probate for North Carolina on
Q: If I own a home that I paid the monthly mortgage payment directly to the owner and the owner was a close friend that die

Do I have to attend the probate court or can my lawyer represent me?

Ben Corcoran
Ben Corcoran answered on Apr 9, 2021

Generally speaking, probate matters do not actually go to court like you may be thinking. The clerk's office will handle much of the estate and potentially the estate will hire a lawyer to assist them. What you need to do is find out who the new owner(s) of the property are and where to send... Read more »

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