Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have two brothers and one sister and my dad passed away 2…

Customer Question
I have two brothers...

I have two brothers and one sister and my dad passed away 2 years ago and i have been paying all the bills and liveing on the land one of my borther is going to sgin it over to me the other two wants to sell it i want a lawyer to help me please

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Nc

Lawyer's Assistant: Has anything been filed or reported?

No i went to taxes office and sgin a papper to pay taxes because my dad owe 2500 on taxes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Me and my husben has but a lot of money in the land and house to fix everthing and have been paying the taxes

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/29/2017
Lawyer: Ray, Lawyer replied 4 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,254
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 4 months ago

You are going to need to file to open probate for your dad.You need to be named the personal administrator.You can be reimbursed as PR for all the taxes and any other fees.The property can be sold by the PR and the proceeds after reimbursement are divided.If one of the siblings wants to gift you their share they can do so in writing.The lawyer can draft all of this.

Unless your dad put title in your name while he was alive probate here is necessary to allow you as PR to transfer title.

Lawyer for you here

N.C. Lawyer Referral Service  

1.67 Google reviews

Attorney referral service in Cary, North Carolina

Address: Cary, NC

Hours:

Open today · 8AM–5PM

Phone: (800)(###) ###-####/a>

Have the lawyer review the deeds and see if probate is necessary, I am afraid it is here.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Legal Question
Customer reply replied 4 months ago
ok
Lawyer: Ray, Lawyer replied 4 months ago

In North Carolina, probate is the process that happens after a person (the "decedent") dies, regardless of whether the person died with a valid will or without a valid will. If a decedent dies with a will, then their property is distributed according to the will. If a person dies without a will, then North Carolina probate laws dictate how the decedent's assets are distributed. Probate isn't always required after someone dies; it depends on what assets the decedent owned.

The Probate Process in North Carolina

A probate proceeding begins when the court appoints someone to handle the administration of estate, i.e. a personal representative. Often, the decedent will already have named the personal representative in his or her will. If not, the court or clerk of the court will appoint someone (see below).

He or she must:

  1. Assemble all the decedents assets;
  2. Pay the bills (funeral expenses, creditors, taxes, and general administration expenses);
  3. Distribute any assets that are left over.

Types of Estate Administration

The process of administering the estate will vary depending on whether or not the decedent had a valid will and the type of probate administration the decedents estate will have to go through.

The land will have to go to probate, you will need a probate lawyer to make application and get you appointed.Once you are appointed as personal represented legally you can sell it and sign as PR to transfer title to buyer and reimburse yourself.If the siblings want to gift their share to you the lawyer can prepare this document too.

Thanks and thanks for rating 5 stars at top of page.

Reference

In North Carolina, probate is the process that happens after a person (the "decedent") dies, regardless of whether the person died with a valid will or without a valid will. If a decedent dies with a will, then their property is distributed according to the will. If a person dies without a will, then North Carolina probate laws dictate how the decedent's assets are distributed. Probate isn't always required after someone dies; it depends on what assets the decedent owned.

The Probate Process in North Carolina

A probate proceeding begins when the court appoints someone to handle the administration of estate, i.e. a personal representative. Often, the decedent will already have named the personal representative in his or her will. If not, the court or clerk of the court will appoint someone (see below).

He or she must:

  1. Assemble all the decedents assets;
  2. Pay the bills (funeral expenses, creditors, taxes, and general administration expenses);
  3. Distribute any assets that are left over.

Types of Estate Administration

The process of administering the estate will vary depending on whether or not the decedent had a valid will and the type of probate administration the decedents estate will have to go through.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 4 months ago

Please let me know if you have more followup.Be happy to help.

Ask Your Own Legal Question
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,254
46,254 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
If two people are named on a home title together...is it
If two people are named on a home title together...is it legal for one party to put outside persons name on home ins.to get cheaper rate? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
299 satisfied customers
Have a question about liens and title insurance. North
have a question about liens and title insurance JA: What state is this in? It matters because laws vary by location. Customer: North Carolina JA: What steps have been taken so far? Customer: none just… read more
Lori
Lori
Juris Doctor
1,028 satisfied customers
If I have title on house and daughter and son in law are
if I have title on house and daughter and son in law are signed on to mortgage and son in law messes his credit up to where he owns thousands of dollars will the banks go after the equity of the house… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If I have a residential property titled TODAY as being in a
If I have a residential property titled TODAY as being in a trust, can Medicare or Medicaid take that property if I am admitted to a nursing home under either of those? … read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
Is a parent allowed to transfer title of their home to a
Is a parent allowed to transfer title of their home to a child prior to admission to a nursing home? If so what is the time line requirements? Mom has provision that the home goes to me in her will. P… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
459 satisfied customers
Is possible it to change the title of a house owned by a
Is possible it to change the title of a house owned by a deceased person without going through probate?There is still a mortgage owed on the house which is in New York and the deceased only had two su… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,578 satisfied customers
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE. I
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE.I purchased a used vehicle from a private seller in NJ. The vehicle has 83000 miles. When I went to DMV, I inadvertently checked the box on the Title… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
459 satisfied customers
I was getting registration and title for a used car
I was getting registration and title for a used car purchased out of state from a dealer, it is a old car and the tax bases was not in the state directory, they asked for a bill of sale and I inadvert… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
My question involves vehicle registration or title in the
My question involves vehicle registration or title in the state of: PennsylvaniaAbout 5 years ago, I purchased a car. My girlfriend at the time had a slightly better credit rating and we chose to fina… read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Lost title owener died how do I get and transfer title.
lost title owener died how do I get and transfer title … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,666 satisfied customers
TAX QUESTION. A GENTLEMAN RECEIVED FROM THE TITLE COMPANY
A GENTLEMAN RECEIVED FROM THE TITLE COMPANY AMOUNT OF PROCEEDS. DOES HE HAVE TO OWN HIS HOME TO GET AN EXEMPTION. THE 250,000 EXEMPTION. HE LIVED IN THE HOME FOR SEVERAL YEARS. IT WAS HIS MOTHER'S HOME. HIS SISTERS HAD TO PAY TAX ON THE 90K HE PAID THEM....CALIFORNIA IS THE STATE … read more
Ray
Ray
Lawyer
46,254 satisfied customers
I have a relative who is on title with a friend as joint
I have a relative who is on title with a friend as joint tenants. The friend passed away overseas. How do we go about transferring title in his name only now? The friend passed away in El Salvador. Th… read more
Lori
Lori
Juris Doctor
1,028 satisfied customers
Forged title that has been destroyed by DMV of. No papers on
Forged title that has been destroyed by DMV of Virginia. No papers on file. How can you find out who issued the new title to the person who forged the signature? … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
The title to a motorcycle was signed over to me in November
The title to a motorcycle was signed over to me in November by my boyfriend. He continued to use the motorcycle and kept the bike registered and insured in his name with plans of switching everything … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I'm attempting to do a title search and recovery for a
I'm attempting to do a title search and recovery for a client who purchased a motor cycle without a title from a local dealer. I've spoken to the dealer twice and they claim they have no record of whe… read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Both names on loans and titles of vehicles. Divorce decree
Both names on loans and titles of vehicles. Divorce decree states I got one car and loan, he got other. I can not afford car and wanted it repoed. Exhusband took car. Wants me to sign off on title but… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,595 satisfied customers
Can a easement that is defined in a Title insurance, be
Can a easement that is defined in a Title insurance, be challenged by another as being ambiguous or not clear, to have it removed? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a title company in Chicago by the name of
Is there a title company in Chicago by the name of Independence Federal … read more
KLAW
KLAW
Juris Doctorate
2,024 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x