My niece’s father passed 7-11-25 but his name was not on her birth certificate. Her name is on the obituary. What must she do?:
Richard E Mitchell was in Universal HEALTH Care in Fuquay Varina NC. His daughter was not contacted at his demise 7-11-25. Someone had to have knew he had a daughter because she’s on the obituary. They did not contact any family members at all. Please see attached:
Richard passed peacefully Friday, July 11th 2025.
He lived in the Triangle region all his life and had a daughter, Mary Denise Williams that he spoke of with fondness.
He was a quiet, reserved man and always a gentleman. He loved to be outside fishing or tending to the land. He loved animals and often shared joyful memories of the farmlands on NC. He will be truly missed by all those that knew him. Suggested donations to Transitions Hospice
Cheryl’s answer:
In NC, if your niece is an adult, and if decedent had an estate plan, and if the decedent left your niece a bequest, then she may inherit.
If he had an estate plan, but didn’t leave her a bequest, then your niece won’t inherit regardless of her status. This is the same rule for legally recognized children.
However, if the decedent died without an estate plan, with assets solely in his name, without designated beneficiaries, then if your niece is able to legally prove paternity (she’ll likely need an attorney to assist her) it’s possible that she may be able to inherit from the decedent’s estate under the laws of intestate succession.
These laws are utilized when someone dies with assets, without an estate plan, to legally pass their estate to legally recognized members of their family.
Credit card debt help ?: I live in NC I am married. I racked up some credit debit in my sole account. I am thinking the agency debt collection might file a lawsuit. My bank account is in my name only. The home my husband and I mortgage was purchased by him before marriage. I was added on the the deed if trust which reads borrower Mr John Doe a married man joined by his wife Mrs Doe.We have 2 vehicles which are in both of our names. My questions are if I get served with a judgement can the creditor go after our joint property like our home etc when the debt is in my name only
Cheryl’s answer: Thank you for choosing me to answer your question. This is not my area of law, but the attorney that I would call is Damon Duncan,336-203-8658.
What documents do I need to fill out to add a name to my residential property deed?:
I would like to add my daughter to my house deed in the state of nc. I was told that I may need a lawyer or I could try to find the documents myself & fill it out to get notarized. I am married but his name is not on the deed. I want the property to go over to her when I pass not
Him.
Cheryl’s answer:
You need to hire a real estate attorney. Deeds are complicated legal land mines. If your home has a mortgage, then the lender must be part of the transfer. Since you are married, be aware that by putting a spouse’s name on a piece of property you own before marriage changes your legal rights, should there be an unanticipated divorce, in the future. Changing the deed also affects your estate planning as to whom will inherit property and how, at your death. There are also different types of deeds, and which deed you choose matters. There are also different ways to structure the deed. So, it’s best practice to have an attorney do this for you.
By the way, now that you’re married, it’s also very important to do estate planning. By that I mean Wills, Hours of Attorney and healthcare directives.