Comments on: What Happens If I Die Without A Will?

By: Jackie Bedard

Jackie Bedard — Mon, 28 Nov 2011 01:44:16 +0000

@Jeremy: I would review your father-in-laws records, including tax returns and bank statements for the past couple of years. Keep an eye out for property tax payments–this might help you track down the real estate. Check the tax returns for reported interest and dividends that might help you track down bank accounts. Good luck!

By: Jeremy

Jeremy — Sat, 26 Nov 2011 03:29:37 +0000

My wifes father passed away recently and did not have a will. We know that he has several properties but really aren’t certain on exact numbers or locations etc. What would you recommend we do in order to locate all of his estate, properties, money’s and etc? We think he has/had property in other states as well. Thank you.

By: Jackie Bedard

Jackie Bedard — Fri, 08 Apr 2011 10:37:01 +0000

Summer, how the assets must be handled depends on several factors, including how the assets are titled and the total value of all of them combined. It’s possible that the estate may be small enough to qualify as a small estate under NCGS Section 28A-25 (assuming that you’re in North Carolina). If it is eligible, the process is more streamlined. I would contact the estates division of the courthouse in which the parent was a resident for more details.

By: Summer

Summer — Fri, 08 Apr 2011 00:08:01 +0000

If a parent dies, with no spouse, no will, and very few assets (small, inexpensive mobile home, a car, contents of home), no credit debt, and the surviving children are all in agreement on dealing with the estate, would probate still be necessary? Would it still work the same?

By: Jackie Bedard

Jackie Bedard — Sun, 20 Mar 2011 13:31:48 +0000

Sylvia, unfortunately if this happened in Texas, you need advice from a Texas lawyer, as this is a state-specific issue. The rules vary from state to state on how property is handled when there is no will. The first place you might start is with obtaining the court filings from the probate of your mother’s estate. Those records should indicate how the real estate was divided between the children. You can also check what’s on record at the register of deeds in the county in which the property is located. Who the current owners are will depend on several factors including what your mother’s will said, what form of ownership it was (for example, joint tenants with rights of survivorship or tenants in common), and then if your deceased sister did own a partial interest in the property, what happens to her interest would be determined by the Texas intestacy laws if she died without a will. Selling property with multiple owners can sometimes become a headache if the owners cannot agree on whether to sell or the terms of the sale. I would recommend seeking advice from a Texas estates attorney for more specific advice.

By: Sylvia Rios

Sylvia Rios — Sun, 20 Mar 2011 00:58:35 +0000

My question is both my parents are deceased (father first then mother). My mother made a will, leaving her home to her children seven left at the time the will was made, my mother died 11 years ago. Now one of my sisters has passed away last year, what happens with the house can we sell it with no problems? One of her sons thinks the house is his. Really need some help on this but live in Texas.

By: Jackie Bedard

Jackie Bedard — Mon, 14 Mar 2011 21:59:13 +0000

David, it sounds like you have two different issues that need to be resolved. First, it is likely that your brother’s estate will need to be probated (also referred to as “estate administration”). You should visit the estates division for the county in which he was a resident (Information for Wake County can be found here: http://web.co.wake.nc.us/courts/estateadmin.html). Second, for a parent that is incompetent, first look to see whether the parent ever executed a Durable Power of Attorney. If so, then you will need to review the Durable Power of Attorney to determine who is named as your parent’s agent and what they can do on his/her behalf. Depending on the type of Durable Power of Attorney, you may also need to obtain an affidavit from one or two physicians declaring your parent incompetent. If there is not a Durable Power of Attorney, then your family may need to consider a guardianship proceeding. This is a court process whereby you ask the courts to name a guardian on behalf of the incompetent parent. Information for Wake County can be found here: http://web.co.wake.nc.us/courts/guardianship.html. Given the multiple concerns, you may also wish to consider speaking to an attorney for more specific advice regarding your family’s circumstances.

By: David Adams

David Adams — Mon, 14 Mar 2011 21:45:15 +0000

How can siblings of a deceased brother obtain the personal property of the deceased person when the only parent living is deemed not combatant and does not even know what her name is let alone who her family is in North Carolina? Also living in a rest home. Can someone please answer this for me.

By: Jackie Bedard

Jackie Bedard — Thu, 10 Mar 2011 15:36:57 +0000

Janet, the rules surrounding Medicare and Medicaid are very intricate and specific. For Medicaid, there are many rules and restrictions as to how many assets and how much income a Medicaid recipient can receive and remain qualified for Medicaid benefits. However, there may be planning options available to preserve some of the assets and reduce the potential period of ineligibility. I recommend that you consult with an attorney that practices Medicaid law. This is a service that my office provides. If you would like to schedule a consultation with our office, I invite you to contact us at 919-443-3035.

By: Janet Trout

Janet Trout — Wed, 09 Mar 2011 01:40:57 +0000

My brother had to be admitted to Copestone, a mental hopspital. He was my mothers caregiver. We had to admitt our mother to a nursing home. My brother overdosed and died. My mothers home was placed in our brothers name. My brothers life insurance was letft to my mother. In otherwords, my mother on medicare and medicade, and the only benificiary to my brothers life insurance, and my brothers name on the deed of my mothers home. What happens?