If a free and clear house is left to some one specifically named in a will is it part of the estae?
You haven't mentioned how the house is titled. Assuming it was in Mother's name only, it passes under the will and to you.
Charlotte, NC
Elder law Lawyer at Charlotte, NC
Practice Areas: Estate Planning, Elder Law ... +2 more
You haven't mentioned how the house is titled. Assuming it was in Mother's name only, it passes under the will and to you.
If the Will states that the contents of the home are left to the children in equal shares, then the personal property goes to these individuals...
I agree with attorney Schultz. You need competent probate counsel to interpret the statutes for you. Good luck
I concur with the other attorneys. The State's intestate laws will be controlling. Use local counsel to insure you follow the laws.
Be careful before you gift assets to anyone! Consider that your wife may divorce you, she may have creditor issues, etc. Please seek local counsel...
I agree with the other two attorneys. Also, be careful to ascertain if there are priorities in paying expenses in your estate. If you pay a lower...
The contents of the Will are controlling. If the will does not give an executor authority to name a replacement, then your State's statutes will...
I agree with Attorney Giddens. While the Will will be recognized in North Carolina, there are so many issues that can be overlooked. Your mother...
If there is a pour-over will that "sweeps" the home and checking account into the trust, then the home becomes part of the trust. If there is no...
I agree with Attorney Schultz. You need a local probate litigation attorney to resolve these issues. You'll stand a very slim chance of winning...