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Experience:  30 years in civil, probate, real estate, elder law
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My mother died Aug. 7th.She was a resident of NC. She named

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My mother died Aug. 7th.She was a resident of NC. She named me the executor. I live in VA. We have 2 copies of the will she did through Legal Zoom. The first in Jan. 2004 had witness signatures and a notary seal. She made changes in 2005, however in that envelope the page for witnesses and notary seal is blank. Both wills split assets to 25% for my mother's 4 children. In the 1st will, she gave an antique gold pocketwatch to my younger brother. She also stated that my older brother had to pay back his loans to our mother in his 25%.There was no paperwork found regarding any loans! In the 2nd will, she stated that the gold watch will go to my older brother and she had taken out the clause of any loan repayment. I have been unable to go back to NC since my mom's funeral as my mother-in-law had a medical emergency and her life is in the balance and my daughter is due to deliver a baby any day. How long do I have to start probate and is the 2nd copy of the will legal without the signatures?

RayAnswers :

Thanks for your question and good morning.

Customer:

Good morning

RayAnswers :


The second will here is likely to be held invalid and not admitted to probate.You would file the first will here and seek to have it admitted since it is complete with witnesses and notary.You will need a NC probate lawyer in the county where she deceased.

RayAnswers :

You can locate a NC lawyer here.

Customer:

Since I am not a NC resident, do I have to appoint an NC resident to act for me in probate?

RayAnswers :

The second will her if it was not completed likely is not going to be admitted by the probate courts.

RayAnswers :

Give me a second

RayAnswers :

I am researching.

RayAnswers :

You can serve here from out of state.You would need to appoint someone to receive service--likely the local lawyer.

RayAnswers :

And you may have to post a bond too, here is reference skip down to the section about executors.

RayAnswers :

You would have to travel there for the initial hearing on your application to probate will.

Customer:

OK, one last question. There is someone who wants to purchase my mom's car. Can I sell it and split the proceeds 4 ways as set by the will BEFORE going through probate?

RayAnswers :

No probate is required.You have to be named personal representative in probate to then be able to sign title over to the buyer.

RayAnswers :

It has to be done as part of probate here.Thats why you need to get started on this.If they are willing to wait once it has been opened in say month or so then you can sell it.

RayAnswers :

The legal fees and costs here all come out of the estate and are shared by all.

RayAnswers :

You would be able to repay yourself from the estate.

Customer:

Ok. You have answered the questions I have for now. Thank you very much!

RayAnswers :

And you may be entitled to a court approved fee to serve as executor.

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Thanks,

RayAnswers :

if you can leave a positive rating it is much appreciated.

RayAnswers :

Good luck here.

Customer:

Great! It's been some work so far!

RayAnswers :

You're welcome take care.

Ray and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

How long after a death are you required to start probate in NC?

You can file any time after they decease.There is not a time limt per se here.

Reference to the NC law.

http://www.vuwriter.com/vumanuals.jsp?displaykey=UM00000074

Thanks for the follow up.The sooner you file the sooner you would get your inheritance.