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What is the probate process when the estate has debt under North Carolina probate law
Sanford, NC
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Posted about 1 year ago in Probate
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property due to estate of husband:
My husband died in 2006. I am the exceter of the estate. I was told that anything in his name needed to be sold to pay for his bills I had a pickup truck in his name and my name. I was told if I wanted to keep it I had to pay for 1/2 of what it was valued at when he died,and I did. His son has a Tractor-trailor that is in my husband and his sons name it had a tax value when he died of $28,000.00. there for he owes the estate $14.000.00. he don't want to pay it and he has no plans to give it up. what do I have to do to force him. and how do I do it.? they are going to take my house for the money that truck would pay for
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Answers (2)
Howard Robert Roitman
This attorney is licensed in California and 3 other states.
Posted about 1 year ago.
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I don’t know NC law and you therefore must see an NC lawyer. Here (in Nevada) you would be entitled to a spousal homestead exemption that would have allowed you to keep the truck. You should see if there is such an exception in your state. Regarding your step son (here in Nevada) the first step to examining the problem would be to determent if the truck was held between your husband and stepson as joint tenants with right of survivorship or tenants in common. If they held it in joint tenancy with rights of survivorship there is the real possibility it passed to your stepson when your husband died, see a NC lawyer to find out the status of this Truck.
Gregory Herman-Giddens
This attorney is licensed in North Carolina and 2 other states.
Posted about 1 year ago.
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If the house is in your name, your deceased husband's creditors can't take it from you (unless you also signed the loan). I recommend that you open an estate in the Lee County Clerk's office and have a lawyer prepare a motion to ask the court to order the truck be sold.
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