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North Carolina Probate Legal Questions

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87 legal questions have been posted about wills and probate by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
North Carolina Probate Questions & Legal Answers
Do you have any North Carolina Probate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 87 previously answered North Carolina Probate questions.
Wills and Probate
North Carolina

Recent Legal Answers

In NC, can a codicil be probated if only one witness signature and notarized? Can the notary serve as a witness since a notarization is not required?

Answered 8 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
A codicil signed by 2 witnesses is likely good.  The notary can be counted as a witness.  The codicil would no longer be self-proving if it were. Additional steps will be required to properly submit a codicil/will to the probate court effectively. See an estate/probate attorney.
A codicil signed by 2 witnesses is likely good.  The notary can be counted as a witness.  The codicil would no longer be self-proving if it... Read More

I am the executor of my former spouse's estate in need of court orders.

Answered 8 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
You would need to sue for these items.  You might include the items taken as an estate distribution of the estate to the thief, if the theif is to recieve any inheritance.
You would need to sue for these items.  You might include the items taken as an estate distribution of the estate to the thief, if the theif is... Read More

My Dad died in N Carolina 2 months ago. I live in California. I am his only surviving child. He had a live in girlfriend. No will found. Now what?

Answered a year and 11 months ago by attorney Stephen Arnold Black   |   1 Answer
Your father's girlfriend has no legal claim on his assets unless she was a joint account holder or a transfer on death or trust beneficiary on any of his assets. If she hired probate counsel , then you should be receiving an inventory of his property. It's always a good idea to retain a lawyer. But as soon as possible, you need to contact the girlfriend's lawyer and ask him 1. for an inventory of all the estate property and 2. any life insurance or property that's going to pass outside of Probate. ... Read More
Your father's girlfriend has no legal claim on his assets unless she was a joint account holder or a transfer on death or trust beneficiary on any of... Read More

Will the one acre of land be mine also if I pay the mortgage off on a mobile home of my deceased son

Answered 2 years and 4 months ago by attorney Lynn Ellen Coleman   |   2 Answers
No. I assume your son did not leave a will. His real property has passed to his wife and his son in equal shares. Consult a probate attorney for specific advice. You likely would see no benefit in paying off the mobile home. The fact you paid for the funeral is irrelevant. 
No. I assume your son did not leave a will. His real property has passed to his wife and his son in equal shares. Consult a probate attorney for... Read More

I want to get my grandma to become a US resident or citizen

Answered 2 years and 7 months ago by attorney Stephen Arnold Black   |   1 Answer
An adult child of your grandmother could sponsor her for her green card but a grandson cannot. 
An adult child of your grandmother could sponsor her for her green card but a grandson cannot. 

How do I sell my half of my parents house that I inherited?

Answered 3 years and 10 months ago by attorney Mr. John E. Tantum   |   1 Answer
In Nc, as a co tenant you have the right to petition the Court for an order selling the house and dividing the proceeds among the owners. That is called a Partition Proceding.  You will most likely need an attorney to help you.
In Nc, as a co tenant you have the right to petition the Court for an order selling the house and dividing the proceeds among the owners. That is... Read More

What do I need to do to add a name to an existing deed. Does a new will need to be drafted.

Answered 3 years and 11 months ago by attorney Mr. John E. Tantum   |   1 Answer
A Will that leaves real property to you, when probated after her death, will pass all title in that property to you. No Deed is required. 
A Will that leaves real property to you, when probated after her death, will pass all title in that property to you. No Deed is required. 

Are oral wills enforceable in nc

Answered 4 years and 2 months ago by attorney Mr. John E. Tantum   |   1 Answer
The best advice is to have a codicil ( written addittion)  made and witnessed and notarized or re-write the entire will. 
The best advice is to have a codicil ( written addittion)  made and witnessed and notarized or re-write the entire will. 

Who/how can we transfer a deceased brother property to one sibiling (brother)?

Answered 4 years and 2 months ago by attorney Mr. John E. Tantum   |   1 Answer
You will need to do a deed from all the deceased heirs to the brother getting the real estate.  You will need a lawyer to help you.  I handle carteret and Onslow counties.  My email is jtantum@tantumlaw.com.
You will need to do a deed from all the deceased heirs to the brother getting the real estate.  You will need a lawyer to help you.  I... Read More

If I die before my husband, will the specific gifts to my family that I declared in my Will go to them immediately?

Answered 4 years and 5 months ago by attorney Mr. John E. Tantum   |   1 Answer
If you die first, the bequests you make of your seperate property will be honored.  
If you die first, the bequests you make of your seperate property will be honored.  

Can the executor of my father's estate sell a property without the permission of the heirs? There is no mortgage or debt to be paid.

Answered 4 years and 5 months ago by attorney Mr. John E. Tantum   |   1 Answer
Generally, The Executor cannot sell real property without first filing a petition to see nwith the Court.   There is an exception when the will gives the executor the power to seel without court order.  If there are no debts, you should be able to stop the sale.  John E Tantum   2523932235... Read More
Generally, The Executor cannot sell real property without first filing a petition to see nwith the Court.   There is an exception when the... Read More

Home ownership after death no will

Answered 4 years and 7 months ago by attorney Mr. John E. Tantum   |   1 Answer
The house will go to the decwased heirs, subject to the equity line.  atenant will have to deal with the new owner.
The house will go to the decwased heirs, subject to the equity line.  atenant will have to deal with the new owner.

how can i get the deed to may grandparents house get it taken care of?

Answered 4 years and 7 months ago by attorney Mr. John E. Tantum   |   1 Answer
If you are the only heir of your grandparents and they did not have a will, you need to apply to open their estates and be the administrator.  The process can be confusing and you should get a lawyer in the county where your grandparents lived. call me at 252-393-2235 if I can help.   John... Read More
If you are the only heir of your grandparents and they did not have a will, you need to apply to open their estates and be the administrator. ... Read More

Can I petition the court to have my brothers name taken off the deed? The property is in Tar Heel, NC

Answered 4 years and 7 months ago by attorney Mr. John E. Tantum   |   1 Answer
you need to talk to a local attorney.  If your brother was willed the property together with you, you may be able to have it sold, but you need a lawyer to help you through the process.
you need to talk to a local attorney.  If your brother was willed the property together with you, you may be able to have it sold, but you need... Read More

If a home is sold while resident has life time rights, what happens when the resident passes away?

Answered 4 years and 7 months ago by attorney Mr. John E. Tantum   |   1 Answer
Both the mom and the son and his wife, if marrien,  must sign a deed to the grandson.  Once mom dies, only the son and wife must sign.
Both the mom and the son and his wife, if marrien,  must sign a deed to the grandson.  Once mom dies, only the son and wife must sign.

if we gift our home and 21 acre to our niece what estate taxes will she incur , if any joanie davidson nc

Answered 4 years and 7 months ago by attorney Mr. John E. Tantum   |   1 Answer
Federal Estate Tax is based on the total value of your Estate when you die.  If the value is less than 11,500,000.00 eleven million five hundred thousand, jou will have no Estate tax.  There may be other reasons to gift or to leave thru a will.  
Federal Estate Tax is based on the total value of your Estate when you die.  If the value is less than 11,500,000.00 eleven million five... Read More

In my father's Will a Trust was to he set up for my nieces. The executor has sent a check made out to my nieces to my sister in law.

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Please refer to the actual language of the Will.  It may permit the executor/trustee to disburse funds to the natural guardian (that is, a parent) of a beneficiary. 
Please refer to the actual language of the Will.  It may permit the executor/trustee to disburse funds to the natural guardian (that is, a... Read More

When there is airs to property what is the proper way to go.

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
You and your sister are your father's survivors but not your stepmother's.  You are not the heir to your stepmother and lacked legal authority to put the deed to her property in your name.  Keeping up the property and paying the taxes gives you no rights of ownership.  You may think that there are no heirs but it is more likely that they are too distant for you to have become acquainted with them.  You have no right to the property and no right to sell it.  Any title company worth its salt will discover this if you try.  ... Read More
You and your sister are your father's survivors but not your stepmother's.  You are not the heir to your stepmother and lacked legal authority... Read More

How can me and my brother handle a quit claim deed.

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
A quit claim deed does not pass title.  A power of attorney expires with the person.  Based on your description, someone should hire a local probate attorney to help them file an application for determination of heirship and appointment of an administrator of the estate.  After paying your mother's debts, that person (probably you or your brother) can distribute the remainder.  It may be that the house and the money are of equal value after all is said and done.... Read More
A quit claim deed does not pass title.  A power of attorney expires with the person.  Based on your description, someone should hire a... Read More

Is there anyway to avoid Probate?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Your mother's estate is liable for her bills.  If you know what they are, in most states you and your sister can file a Small Estate Affidavit and probate the estate without a hearing.
Your mother's estate is liable for her bills.  If you know what they are, in most states you and your sister can file a Small Estate Affidavit... Read More

How do I get my grandpa car in my name when he is deceased and tittle is lost

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
You are only the heir and the only heir if he has no surviving children and you are the only surviving grandchild.  If that is the case, use a DMV form, referring to the VIN.  If  not, use the same form transferring title to all his heirs and another form gifting their interests to you.... Read More
You are only the heir and the only heir if he has no surviving children and you are the only surviving grandchild.  If that is the case, use a... Read More

I am the personal representative for my moms estate which is in probate. What options do I have if I don't want to sell the house, but my brother does

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
As personal representative it may be your duty to sell the home if the funds are needed to pay the estate's bills or to make distributions under the Will or, if there is no Will, under the state's laws of inheritance.  Your alternative in the second instance would be to buy your brother out (and to buy out anyone else involved).  If this is not possible, the house must be sold and the net proceeds split.... Read More
As personal representative it may be your duty to sell the home if the funds are needed to pay the estate's bills or to make distributions under the... Read More

How do I find out if my sister opened my dad's estate without me,. And is there nothing I can do..

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Check the records of the local probate court.
Check the records of the local probate court.

Estates held between states

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
It is difficult to understand why the estate has not been submitted for probate in the state of the person who died and, following that, an auxiliary administration opened in the other state where he owned real property.  The passage of time has foreclosed some options.
It is difficult to understand why the estate has not been submitted for probate in the state of the person who died and, following that, an auxiliary... Read More

A Will was notarized at a local bank, it appears that the notary was the only witness. Without 2 witnesses is the Will invalid?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Please hire a probate lawyer who practices in the county where the friend's father lived and died to help file an heirship application,
Please hire a probate lawyer who practices in the county where the friend's father lived and died to help file an heirship application,
Wills and Probate
North Carolina

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