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My father died in North Carolina at the VA without a will.

Asheville, NC |

I have no idea the first steps to take? Will the courst handle everything and contact me and my brother or do I need to hire a lawyer to get things started. He had property that he stills owes on and a bank account, but that was it. If I do need a lawyer will his fees come out of the estate or from me? Thank you.

Attorney Answers 3


  1. Yes, you should hire a lawyer to help you, or the appropriate person, become the administrator of your father's estate in order to pay off his debts and distribute his property appropriately. The lawyer's fees can come from the estate if it is approved by the clerk.


  2. The easiest way to handle this is to hire an attorney. The lawyer will file the correct paperwork with the court and put a required notice to creditors in the paper. The goal will be to pay off final debts and transfer what is left to you and your brother.


  3. The "courts" will not on their own take any action. You have to have yourself or someone named as administrator of the estate and this will probably require at least some attorney advice. Fees and expenses can come from the estate property, if any.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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