My father died intestate and I am the administrator, residing in a different state. I need to record a warranty deed in NC listing all 4 children as grantees. Can I do this without hiring an attorney? We are keeping the property (about 2 acres with trailer) in the family, agreeing to let one sibling live there. All four are in agreement.
State/Country relating to question: North Carolina
I tried going to legalzoom.com but they cannot help me. I checked with the Brunswick County ROD office and they will only recommend that I see an attorney, although they did indicate it is not required. Since I live in Nevada, I am at a loss as to how I can administer the estate long distance, economically. Many of my duties I was able to take care of while in NC for the funeral.
Hi - my name is XXXXX XXXXX X'X an Estate Law attorney here to assist you.
Has the estate been opened with the court?
Whose name is XXXXX XXXXX currently in?
I have letters of administration filed on 6/27/12 and there is a file number assigned. Is this what you mean? The property is currently in my father's name, Johnnie Gaston Sullivan, and there is no mortgage currently on the property.
Yes, this is what I was asking about - whether or not the estate had been filed for probate. If letters of administration have been issued and you've been appointed by the court as administrator, you are in a position to execute a deed to transfer the property.
However, you can't transfer the property without a court order, which will not come until after the notice to creditors is completed and all creditors who make claims against the estate are paid. Until then, you can't disburse any assets of the estate because it may be necessary to sell the property in order to generate money to pay creditors. Even if he doesn't owe any money to anyone, you still have to wait to be sure.
Once the notice to creditors period ends, and if no claims are filed, you can file a petition to close the estate and ask in the petition to transfer the property and get a court order.
You don't necessarily need an attorney to process the administration of the estate, but it is usually not expensive and is a good idea to make sure that everything is done correctly.
I appreciate your information. How long before the notice to creditors is complete? Is that the 90 days that I've been reading about? I have started publishing the notice in the local paper for 4 weeks. I guess I am more than a little intimidated about the prospect of hiring an attorney since I've never needed one before and there really isn't much money. Not to mention the fact that I am in another state. I've been led to believe that I need to transfer the property in order to retain the insurance on it.
Yes, the notice of creditors must be issued within 75 days of letters of administration being issued. Then, the notice to creditors is 90 days from the first day of publication of the notice to creditors in the legal publication for the county where probate has been filed.
Here's a link to the statute that outlines how notice to creditors works: http://law.justia.com/codes/north-carolina/2005/chapter_28a/article_14.html
You don't have to transfer title to get insurance on the house. You can pay the premium on behalf of the estate.
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Also, you don't have to transfer title to get insurance on the house. You can pay the premium on behalf of the estate.
I received a letter from a credit card company with a claim for two separate credit cards. Is this debt one that will require selling the home if there is not enough cash to pay them? The balance of the two cards totals nearly $15,000.
It is possible. The creditor has a right to be paid from the property of the deceased's estate. Thus, if you want to keep the property, you would have to reach a settlement with the creditor
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