North Carolina Probate Legal Questions

If the Will was submitted for probate, ask the court for a copy of the Will -- or look for it online.  Many county probate court records are now available online. Note that the Will may not have been submitted for probate if everything was in a revocable living trust (which became irrevocable at death). ... Read More

I'm sorry for your loss.  You are entitled to something from your late father-in-law's estate if (1) he left you something in his Will, or (2) he left your wife something in her Will and the Will provides that, if she was not living, her inheritance should go to her estate rather than just be invalid or go to someone else. ... Read More

Yes.  In his Will, grandfather could give his property as he wished.  It sounds like he directed his executor, whose job it is to carry out the instructions of the Will, either put the property in a trust or is acting as trustee for the minor child's inheritance.  The executor has the ability to sell real estate unless the Will specifically says he should not sell it.   I recommend that you read the Will closely.  As your minor son's mother, you do not have the ability to influence how grandfather's Will is probated or how assets given to your son are administered if someone else is named in the Will to do so.  If the Will merely says that the property is to go to your son and has no provisions that give an executor the authority to hold a minor beneficiarie's assets in trust or to sell them, then you could ask the court to allow you to hold this land for your son until he is 18.  If you believe that the executor's selling the land is harmful to your son, you also could challenge this action in court.  But, if the Will authorizes it, you are unlikely to succeed.  ... Read More

You are going to have to do some research.  Call local funeral homes, look at old checking accounts to see if there were payments to funeral homes, check with the local cemeteries as to who purchased the plot, when the purchase was made, and what information is on record.  There is no central data base to find poicies. ... Read More

Most states have easy to follow procedures for claiming the money. Depending on what state, and how much money, will determine exactly what you need to do. I believe there is also a website that consolidates all states; foundmoney.com or something like that.  You should be able to do without an attorney unless a full probate is required. Good luck.... Read More

Joe -   The will should be available at the estate's division where the estate is being probated.  Typically, estates are probated in the county where the decedent (the person who died) lived at the time of his/her death.  You would need the full name of the person who died, as well as his/her date of death.  If you go to the estates division at the county courthouse, and give them that information, they will pull the estate file, and the will should be located in that file. Good luck going forward.  -Jay Mills   You could probably sue him - it is clear from your description that he dropped the ball.  The questions are - how badly were you hurt, and do you think it is worth suing your attorney?  You should talk with another attorney, at a minimum, to get a feel for your options.   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 More

Dear Dori, Is there a Will? Are you a beneficiary? Has it been filed for Probate? In whose name is the house titled? With the information you posted, there are many ways to assume an answer - and they could all be wrong. I do not know exactly what you are asking to know. I see you say your stepfather left a house to his children, but what is it you want to know? To your success, Gale Allison, Principal Attorney Allison Firm, PLLC gale.allison@theallisonfirm.com... Read More

If you are concerned that the executor and/or attorney are not being forthcoming with information relating to probate, you may want to hire your own attorney to have contact with them directly on your behalf.  Many estates are squandered during the probate process unnecessarily, and it often makes sense to retain your own attorney - particularly if your inheritance is sizable.  Many attorneys who handle these types of issues, including me, offer free initial consultations, so it typically doesn't hurt to at least reach out to someone for additional information. Good luck going forward.  -Jay Mills... Read More

Dear North Carolina, I practice in Illinois, so please be sure to consult an attorney in your home state for any variations in the law. In Illinois step children are not entitled to anything from the step parent's estate if they die without a will.  Step parents are generally required to designate gifts to their step children outright in their wills or else those children are entitled to nothing.  So the moral is....ALWAYS GET IT IN WRITING.  That step parent-while alive-might have loved those kids like he made them on the night of the honeymoon but upon dying without a will everybody will know indeed they were stepchildren.  The biological or adopted children on the other hand splits everything with the surviving spouse.  Hope that helps although I don't think it was quite what you were hoping to hear.  Best wishes with everything.   ... Read More

Dear North Carolina, Your endeavor to put your wishes down in a formalized legal document (a will or trust) is your best guarantee for ensuring your wishes are followed.  If you die without formalizing your wishes in writing, your stepchildren would not be entitled to inherit from you.  Whatever they'd receive would be by the mercy of your biological children.  If your state allows for the inclusion of no-contest clauses, I'd recommend one for your will just in case your step children and biological children secretly do not like each other.  A no contest clause says if you contest the will's provisions then you get nothing at all.  Hope that helps and best of wishes with everything.  Your children (all of them) sound really blessed to have you for a parent. ... Read More

Any person is always free to discharge his or her attorney and hire another one.  In your case, it sounds like you have asked the lawyer to draw a will for you, and it has not gotten done.  I would suggest the following three steps: 1.  Always, as a first step, call your current attorney, and try to reach an understanding with him or her.  Many times this will  solve the problem.  Of course, in your case it appears that you have tried this without success. 2.  If step one hasn't worked, then notify your attorney that you are discharging him or her, and will find a new attorney.  You can do this verbally, but you should follow it up with a short note or e-mail if possible.  If you have given your attorney papers or other things that you need back, ask the attorney to return those to you as soon, along with your file.  Under North Carolina law you have a right to have the file. 3.  If you have paid money to the attorney, ask for a refund.  An attorney may keep a part of the money in an amount sufficient to pay the lawyer for whatever work has been done, but should refund the remainder.  If there is a fee dispute, there are mechanisms that will help resolve that dispute. Good luck!... Read More

If a person dies in NC and there is no will, their estate passes pursuant to the intestate succession statute.  In NC, this would mean that her spouse (if living) would be first in line, then her children (to share equally), then other family members.  So, it sounds like in this scenario her children would be the full beneficiaries (and now owners) of the mother's estate.... Read More

If your husband’s father had a Will it would have to go through probate to change the title of any property he owned in his own name, into the name(s) of his heirs. Probate is done by a judge in the county where your husband’s father lived and owned property at the time of his death. If your father-in-law did not have a Will but owned property in his own name only, probate would still be required to change the deeds or titles into the names of the heir(s). Part of the probate process requires the court to notify everyone concerned – named or statutory heirs and descendants, as well as people to whom your husband’s father may have owed money. However, if your father-in-law and his wife owned everything joint with right of survivorship, or if they had put everything they owned in a Trust, there would be no need for court or probate involvement. Thus, if the wife was a thief it would be fairly easy for her to steal everything even if your husband were an heir. It is highly likely that if your father-in-law had a Will, your husband would have been notified. It is more common that the wife was a joint owner or beneficiary. However, errors are always a possibility. Check the probate court records in the county where your father-in-law lived and owned property at the time of his death. Hire the best NC probate lawyer you can afford to help you with the research and afterwards, if an error needs to be corrected. Following that, you and your husband should make or update your own estate plans so that this situation is prevented for your heirs. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

Powers of attorney expire upon the death of the person that issued the POA.  So, after their death, the power of attorney doesn't mean anything, and certainly doesn't entitle a person to take money out of an account.  However, many accounts are set up as joint ownership accounts with rights of survivorship.  If the person who was named as power of attorney was also named as a joint owner, he/she owns the money in the account outright at the time of the death of the other person. Based on your description, I would strongly recommend that you speak with an attorney with experience in estate litigation matters.  Our office has quite a bit of experience in these matters, as do several others in North Carolina.  Good luck going forward either way.   Jay Mills 919.235.3824 (phone) jmills@bdppa.com (email)... Read More