Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2025

You might have standing to file a quiet title action if you have a deed to yourself. But otherwise find another title insurance company to insure title. Or forego title insurance entirely if your NC lawyer has done a good job of searching the title, determining heirship, and the boundaries... View More

To access funds in your late husband’s ministry account, you’ll need to work through both the IRS (for the EIN) and the bank’s estate procedures. Here’s how to do it step by step:

Confirm the EIN (Employer Identification Number).

If your husband’s ministry had its own EIN,... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2025

Who has the vested remainder interest? That remainderman should sue the other interested parties for a Sale For Partition. If you are a remainderman, then ask the Court for a return of your contributions to your share from the common fund proceeds. You might or might not get reimbursed.... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2025

The auto accident liability case is a potential claim against your husband's estate. Yes, your husband's auto insurance might end up actually paying the claim, but the legal mechanism for presenting claims against a decedent is to file them in the probate case. If you had opened a... View More

Check the clerk's office (Estates) in the county where your relative last resided, to see if an estate was ever opened. If so, look to see if the account was distributed. Also, you can check online at NCCASH to see if the money was handed over to the state. If so, you'll need to follow... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2025

Get a NC attorney to advise about the title if you have a copy. Wife probably owned car at Husband's death. If not, the Will bequests will control if it was probated, and the executor will need to do his job of marshalling assets. If no probate, Will means nothing.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

If the Will was probated then apparently he is vested with a life estate after his Mother dies. But you need a NC lawyer to examine this closely, and search the title, as the Estates, especially contingent future interests, may not be as you think. So if his Estate is as you state, he can... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2025

You file a motion to remove the personal representative for cause listing your grounds. But be prepared to have someone else ready to take his place, such as yourself represented by a good NC attorney. Be aware alot of those accounts are not Estate assets, but the fiduciary should have... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2024

There may be grounds to set aside the Deed but you probably will not know until sued. Was GM's Will probated? If not, it means nothing. Hire a NC to search the title and determine the present estate, which will be scrutinized if you are sued. Do not hire notaries to draft deeds.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2024

The beneficiaries are not liable on the note, but take property subject to the note and mortgage/deed of trust. Beneficiaries should file a motion to remove the executor for cause which is detrimental to the Estate. Will may give him discretion on what bills to pay however. Any beneficiary... View More

When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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