North Carolina Probate Legal Questions

Many state DMVs have a form which is used to transfer title if there is no probate of the estate.  Note that you must contact the lienholder, which lent money based on your son's credit rating, not yours, and, if the lienholder does not repossess the car or demand full payment, continue to pay the loan.... Read More

A Will which has been submitted for probate can be contested.  However, it may be very difficult to prove that your brother did not have legal capacity to make a Will "in the early stage of Alzheimer."  Most people do have a lucid moment at the point and only a lucid moment is required to make a Will.... Read More

When the Will has been admitted to probate and the court has appointed you executor, your probate attorney can advise you on accelerating the promissory note pursuant to its terms and foreclosing on the house (assuming that there is a recorded mortgage) pursuant to North Carolina law.  You may need to hire a lawyer experienced in mortgage foreclosures.... Read More

This depends partly on what the Will says and partly on what is a prudent course of action.  Some Wills state that the executor can make distributions to beneficiaries before probate is complete.  Some do not.  Keep in mind that any distribution may have to be "clawed back" to pay for bills which you do not yet know about.  If you are the only beneficary and realize that you will have to pay those bills out of the distributions or out of your own pocket as executor, you may want to file a distribution deed now, transferring the property from you as executor to you as an individual.  Please first check with the probate attorney who is helping you and knows the condition of the estate better than anyone on this list.... Read More

I am afraid that you will find that the $10,000 initial retainer quote was on the low side.  Spelling errors and meds are not grounds for overturning a Will:  undue influence and lack of legal capacity are.  Even people who lack legal capacity to the point of needing a guardian may have a lucid moment in which they can make a Will.... Read More

All beneficiaries must agree to let Dad stay if NC law does not give him a spousal lifetime right of occupancy.  If they do not all agree, it is the duty of the executor of Mom's estate to gather the assets, pay the debts and distribute the rest pursuant to her Will.  This includes filing an eviction action against Dad.... Read More

Authority under a power of attorney ends when the person dies. Authority under a Will begins when the court appoints an executor.  Contact a local probate lawyer about submitting the Will to probate (proving), collect the assets, pay the bills and then distribute the rest according to the terms of the Will.   ... Read More

If the check is made out to the estate, you must open an estate.  Whether you need a full probate with a court hearing or can use a Small Estate Affidavit depends on what she left and where.  Please contact a local probate lawyer to discuss what route is available to you and whether the cost of probating the estate would exceed the amount in the check.  In some cases it is better to let the check go to unclaimed property and go through the hassle of trying to claim the proceeds years from now.... Read More

It is the personal representative's duty to gather the assets, pay the debts and distribute what is left according to the Will or, if there is no Will, the state's laws of heirship.  That you are a 1/4 beneficiary or heir entitles you to 1/4 of what is left, not to occupying your grandmother's home.  This is true regardless of whether it was your primary residence.... Read More

You have to file a caveat to the will. That will stop all Estate proceedings.  You must prove that your grandmother did not know what she was doing orthat this neighbor used undue influence to get the will changed.  Your lawyer must be in your grandmother's State. I am in NC  at 252-393-2235,  call if I can help.  ... Read More

You may want to check with the Attorney handling the class Action Suit. Normally, the Estate would be reopened and you would be appointed as Executor for the sole purpose of representing your mother in the litigation.  A Florida lawyer will have to do that for you if your mother's eastate was in Florida.   Good Luck,  John E. Tantum... Read More

Probate is the act of the Clerk of Court admitting your mother's last will as valid and filing that will with the Clerk.  Once probated , the Estate must be administered.  If you are the named Executor in the will that will be your obligation.  The process is quite confusing and I suggest you hire an Attorney to help you.    If someone else is the executor, you should ask them when the Will is to be filed and get a copy of the will. Then ask an Attorney to guide you if you are an heir.   John Tantum, Att at Law  252-393-2235... Read More

Your father could have disclaimed his inheritance and let it pass equally to your brother's siblings.  From your description, it appears that he received his inheritance and then gifted more to your brother than to you (hopefully paying federal gift tax).  His choice of who to give what is his choice.  If he did not disclaim his inheritance, you have no right to anything.... Read More

While many states will probate a Will prepared under the laws of another state if it was effective under those laws, there are differences.  Some relate to state estate or inheritance tax.  Some relate to whether a widow(er) has an elective share regardless of what the Will says.  You may do well to consult a North Carolina attorney.... Read More