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North Carolina Probate Questions & Answers
2 Answers | Asked in Bankruptcy, Estate Planning and Probate for North Carolina on
Q: Need to cash a check that has my deceased husband and me on it. Bank won’t accept because it is more then$10,000.

The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 12, 2022

It sounds like the check came from the bankruptcy trustee. Contact the trustee and ask to re-issue the check in your name only. Be prepared to submit the certificate of death for the Trustee's due diligence.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: I purchased a hous with my parent and sister. All four of our names are on the Deed. My parents and sister and now dead.

None of them left a will. Can I have the Deed changed to just my name? I need to make repairs to the house and I would like to get a home equity loan. I paid off the house several years ago.

Ben Corcoran
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Ben Corcoran
answered on Sep 6, 2022

The ownership depends on the language located in the deed, the language in any wills, and the order in which your family members passed. Without all that information, a lawyer will not be able to give you specific answers to your questions.

1 Answer | Asked in Probate for North Carolina on
Q: What happens when the heirs of a will, who are named as equal shares, do not agree on the division of assets?

The estate constitutes a house and a business. The deceased wanted her brother to live in the house until he decided not to and own the business. However, this wish was never legalized in a revised will. So, based on a 2009 will, all assets are divided amongst the 4 siblings, who are not all on... Read more »

Ben Corcoran
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Ben Corcoran
answered on Aug 19, 2022

Any owner of the house can use it as they see fit as long as they don't prohibit the other owners from accessing the house as well and don't intentionally damage the value of the house.

As to the business, I or any other lawyer would need to read the documents pertaining to how...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do I have any rights to my grandma's estate?

Do I have any rights to my grandma's estate? Everything was left to her 3 kids with the intention of them including the 3 grandchildren. 2 of the grandchildren are underage so they are automatically included with their respective parent. I'm the only adult grandchild and my parent has not... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jul 26, 2022

Unless you are specifically named in the will, the fact that your parent is still alive means that you likely do not have any right to your grandmother's estate.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do I have to pay back my aunt?

My grandmother passed away and will states everything divided between her 3 children. One is my father who died before she did, so I know I inherit his third. My aunt is asking for me to pay her back outside of the inheritance for groceries and household goods and transportation she paid for over... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jul 14, 2022

No, you do not have to pay her back. If she wants to be paid back, the proper channel is by making a claim against the estate.

1 Answer | Asked in Probate for North Carolina on
Q: I am filling out estate form 506. The back sections are 0. Everything was willed to me.

So can I assume the front part 1 is also 0 And I am done. Can I mail it in

Angela L. Haas
Angela L. Haas
answered on Jul 10, 2022

The answer to your question depends on who you are, how much was in the estate at the date of death, and where you are in the process. Simply filling out the 506 is not enough. Have a consultation with a probate attorney to make sure you've done everything properly.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do we have to go to probate court for all assets on an estate even if we only have questions on a portion of the estate?

My father recently passed away. He did not have a will. My mother is alive and was his legal spouse. Most of the assets are in both of their names. My dad had a life insurance policy on me and one for my sister where he was beneficiary. My mom was not listed on the policies. He had taken out a loan... Read more »

Angela L. Haas
Angela L. Haas
answered on Jun 28, 2022

You don't have to go to court at all, if your mother will be administering his estate. Have her meet with an attorney as to what to do, as the attorney will want to review all assets and debts related to the estate, before giving any definitive answer. If you or your sister intend to... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: how can i get my name on deed on house inherited after sister passed. nc law says i dont need name on deed

sister had no will. not married and no children.

Ben Corcoran
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Ben Corcoran
answered on Jun 23, 2022

If you want your name on a deed, you will have to file one at the register of deeds. You can do this, but I advise you get a lawyer to draw up the document.

The actual legal transference happens when you probate a copy of her estate in the county where the property is located.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: When someone dies Intestate and there were children out of wedlock, do they inherit?

My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 7, 2022

Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.

Contact myself or another...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Can the Attorney create a original from a copy if witness will sign it again even though Testor is deceased?

We can only find a copy of my grandfather's Will. His attorney has a copy as well but the original was given back to him

Ben Corcoran
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Ben Corcoran
answered on Jun 2, 2022

Without your grandfather's original signature any copy is just that a copy.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Dying without a will in North Carolina

If there is no will and the only major asset was a primary residence owned jointly with the surviving spouse, will the surviving spouse be eligible for 100% of the real estate simply because they were jointly on title? All other assets probably worth under $20K.

Ben Corcoran
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Ben Corcoran
answered on Jun 2, 2022

Without seeing the deed I cant say for certain but I would be very surprised if the estate did not pass exactly as you describe.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My Mother left 4 burial plots (bought in the 50s) when she passed, which were deeded and registered with the registrar

of deeds. Probate rep agreed these were real estate and not included in probate. Final Accting probate rep says they are included since my Mom's will says executor must liquidate remainder of estate, both real and personal, and distribute assets. If they aren't part of probate, then how... Read more »

Ben Corcoran
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Ben Corcoran
answered on May 31, 2022

Without seeing the will, I can't give a definite opinion on the status of the plots. However, generally speaking, real property will always pass outside of probate unless it is either brought back into the estate to pay bills or left explicitly to the executor in trust.

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 »

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