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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53678
Experience:  29 years of experience practicing law, including tax and estate planning.
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my mother died august 13 2011. she did not have a will. i live

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my mother died august 13 2011. she did not have a will. i live in her home. everything is still in my mother's name. she got a loan from one main financial and used the home as collateral. i am paying on that loan to keep the home.she also has funds in the bank and stock.what can i do to have these things change over to me her daughter?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. I'm presuming she had no surviving that correct? Also, do you have any siblings?
Customer: replied 3 years ago.

no spouse and no siblings

Thanks for your reply. Since your mother died without a will, the NC intestate succession laws govern what happens to her estate. Since she had no surviving spouse and you are an only child, you will inherit her entire estate pursuant to the NC statute set forth below. In order to transfer title to the property and to access the bank accounts and stock, you will need to file a petition with the probate court in the county in which your mom resided at her death to be appointed the administrator of her estate. The court will then issue you documentation evidencing that appointment and it is that documentation that will give you the authority necessary to transfer title and access bank accounts and stock.

"§ 29‑15. Shares of others than surviving spouse.
Those persons surviving the intestate, other than the surviving spouse, shall take that share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, as follows:
(1) If the intestate is survived by only one child or by only one lineal descendant of only one deceased child, that person shall take the entire net estate or share;"

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