North Carolina Estate Litigation Legal Questions

I see you are posting regarding a matter in NC.  I do not know NC law but in most states distribution of estate assets to Beneficiaries may not commence until a period of time provided by law has elapsed, usually a year.  If all of the debts the deceased left behind are not paid then most lawyers advise that Executors delay distribution until creditor claims have been paid or settled.  This could be the reason for the delay.   You should probably get an attorney to represent you there to find out the reasons for any delay.... Read Answer

Yes, the estate is liable for the costs of maintaining a house owned by the estate.  I'm assuming that you have been appointed executor by the court, which gives you the legal authority to open an estate bank account, sell the house, etc.  If the estate has no funds to pay the bills, the heirs are not responsible to pay them out of their own funds. You may decide to invest some of your own money into the house for renovations to help it sell.  In that case, I would come up with a written agreement to ensure that you will get your money back when the house sells.  If the house is worth less that it will cost to pay these bills, the other choice is to not pay them and let the creditors file claims against the house and/or try to sell the house as is for less money.  Again, heirs are not personally liable.  ... Read Answer

every state has different laws. in my state, PA, and more specifically in my county,when there are creditors, you need to close formally, through court , by filing an account for audit. the judge will ask if the creditor has been notified and if you can prove that they were served with a copy of the account and given sufficient notice, their claim will be dismissed if they don't appear in court for the audit. you might try to call the creditor and if they will not pursue the claim, send them a letter confirming so.... Read Answer

As a general matter, you have no right to rely on an oral promise by a decedent regarding the distribution of her estate. In the absence of a will, the assets of a deceased person are distributed in accordance with the laws of intestacy, not in accordance with the wishes of a particular child. The law of wills -- which requires a signed writing executed with particular formality -- was adopted precisely to avoid such disputes over incorrectly documented gifts. An attorney can assist you in seeking to be appointed as a personal representative, which will enable your discovery of estate assets.... Read Answer

you likely have a claim for breach of fiduciary duty against your stepmother.  it could be difficult to prove, but depending on the size of your father's estate, it could certainly be worth doing so.  you should speak with a skilled attorney with experience in estate-related disputes.  most firms that handle this type of work, including mine, offer free initial consultations.  good luck going forward. -Jay Mills   James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read Answer

You probably need to hire an attorney to assist you.  It is unclear exactly what type of challenge is being rendered by the executor.  You certainly should talk to an attorney if the amount you would receive under the will (or the estate) is substantial.  Typically, blood relation won't matter if you are specifically named in the will, although it can very much come into play if the person died without a will, or if you are a relative of one of the people that is named in the will (but you yourself are not named).  Again, it can get complicated, so I would recommend that you speak with an attorney soon.  Good luck.  -Jay Mills... Read Answer

you can have any local real estate attorney help you with this - you could simply do a quit claim deed deeding the property from you to your son.  Or, you could leave it to him in your estate plan.  There are pros and cons to both approaches, and when you speak with an attorney he/she can discuss each of these options (and potentially others) with you to figure out which route makes the most sense.... Read Answer

Estate litigation issues are somewhat specialized, and you should speak with an attorney with extensive experience in this area.  If there are considerable assets at stake, it is imperative that you act quickly because a failure to act could result in the wasting away of any potential assets.  I am very sorry to hear about your situation, and hope that you can find an attorney to assist you soon.  Most law firms do offer free initial consultations, so hopefully this will help.  Good luck going forward.  -Jay Mills James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read Answer

I offer my condolences on your grief and your difficult situation. In most states a wife has more rights to her husband’s property than his siblings do. The siblings may have the right to the land and the home of their parents. However, they would have no right to the trailer unless your husband wasn’t its sole owner, or if he had made some written agreement with his parents or siblings. If the trailer was titled in your husband’s name only or, jointly in both your name and his, you can fight for ownership of the trailer. You will likely have to remove it from the parent’s property. Inheritance has much to do with legal relationships, titles and documented beneficiaries but little to do with whether or not you had employment income or were a caregiver to your husband. Inheritances are usually not based on what an heir deserves, but on the testator's desire or legal requirement to give. From what you wrote, it is not clear whether you have moved out of the trailer or whether the siblings’ letter simply asked you to move. Your husband most likely inherited a share of his parents estate and you may be entitled to all or a portion of his inheritance depending on how the Wills were written. Your smartest move would be to hire the best probate lawyer you can afford to help you determine whether you own the trailer and or a portion of his parents’ estate. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com  ... Read Answer

When your grandfather was alive, he could have gifted the property to you. From your description, he only told you that he wanted you to have the property and didn't close the deal. He didn't finish giving you the gift. Thus the property may actually belong to your aunt under the laws of your state. Without written, independent proof that this is what your grandfather intended, there is nothing you can do - you are stuck with what the Will says. This is why it is absolutely critical to complete transactions legally and to update Wills and Trusts every few years. If you have not updated yours, please let this situation motivate you to do it now. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read Answer

The estate has the right to expect you to complete the payments only according to the terms of the contract, not sooner. It is unlikely, but possible that the contract allowed for requiring a payoff under this circumstance. Read the contract. Otherwise, the only change should be that you would start making property payments to the estate. However, another option you may not have considered is that the Executor may be willing to negotiate a lesser payoff amount. This might serve to: 1) Reduce your overall purchase price (because you will not be paying interest over the next two and one half years; and 2) Give the estate an immediate amount of cash. If you can afford that, it might be to your long range benefit to consider it. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com... Read Answer

Certainly, you should consult a North Carolina lawyer to be absolutely sure, but in general, the nursing home is within its rights. Apparently, you did not sign Power of Attorney (PoA) after your name, or provide a copy of the PoA document to indicate that you were acting as the PoA for your dad. If you just signed your personal name, that makes you personally responsible for the bill. His death or the scheduled date of pickup have nothing to do with the fact that you owe the nursing home payment for the care of your father on the days he was actually there. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com... Read Answer

You need to hire an attorney who is experienced in these types of claims.  There are several firms throughout North Carolina with experience in estate litigation, including my firm.  I suggest you contact someone immediately to see if they can assist you in pursuing your will caveat and other issues relating to your mother's estate.... Read Answer

You should consult with a NY probate attorney in the area where your aunt lived when she died.  You should be able to get copies of everything that is in the estate file.  Also, the attorney can likely guide you through the probate process, and ensure that your interests are protected.... Read Answer

It sounds as if you need to speak with a probate attorney, preferably in your local jurisdiction (i.e., your county).  Most law firms, including ours, offer free initial consultations for this type of inquiry.  After that initial consultation, we are typically in a position to offer guidance and let you know if it makes sense to hire an attorney, etc.  But, without knowing more details about your particular situation, it is difficult to give any detailed guidance here.  Good luck going forward.  -Jay Mills... Read Answer

The terms of your fee agreement should dictate the amount that he is owed.  It sounds as if you entered into a contingency fee arrangement, which must be in writing in North Carolina to be enforceable.  Six years is a long time to have an account open, but presumably he has not been paid any money during that time.  If he has agreed to reduce the amount he is owed by almost $30,000, that is fairly generous of him.... Read Answer

The ownership would be dictated either by the terms of your grandfather's will (if he had one at the time of his death), or by North Carolina's laws of intestate succession.  When you say there were "5 siblings," I cannot tell if that means your grandfather had five siblings, or five children, or whether you yourself have 4 siblings (one deceased).  But, that would matter extensively if the intestate succession laws were applied to the ownership.  You may want to speak with a North Carolina estates attorney to get further clarification on these issues.  Good luck going forward.  -Jay Mills... Read Answer

It sounds as if both sides will have some medical evidence to support the claim, but it also seems like both medical notes mentioned are from a few months before the change took place.  For that reason, it is unlikely that the issue will be fully determined by only one medical record or the other.  The respective sides may be able to bring in other evidence (e.g., testimony from friends and family) that will shed additional light on your grandmother's mental status in December 2010, and ultimately a determination will need to be made as to whether she was competent at the time that she made the change.  Other factors could include the relationship she had with the original beneficiary (and the changed-to beneficiary).  These types of disputes can be complicated, so I would not recommend going it alone.  You should speak with an attorney in your area with some experience in these types of disputes and issues.  Hopefully you can get a free consultation, and then you will be in a position to make a more informed decision.  Good luck going forward.  -Jay Mills... Read Answer