Legal Question in Wills and Trusts in North Carolina

Do Probate Laws differ from State to State

My father is in the hospital and not expeced to live long... He's in No Carolina and I'm in Calif. My brother is in Fla. and my Sister lives 5 hr away in North Carolina. My father never did sign a will and his total assists amount to under 100,00. he owns a house but doesn't own the property.. The three of us agree that everything can be split 3 way's what can we do knowing that propate is inevitable".'

Asked on 4/19/98, 7:50 pm

2 Answers from Attorneys

MICHAEL MILNES Law Office of Michael A. Milnes
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Do probate laws differ from state to state

Uusually, the law of the state where the decedent's property is located dictates how and to whom it is to be transfered after death.

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Answered on 5/05/98, 4:24 pm
Chris Johnson Christopher B. Johnson, Attorney at Law
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Re: Do probate laws differ from state to state?

Yes, the laws do differ, and this will be governed by North Carolina law (and anywhere else your father owns real estate). I'm not familiar with North Carolina law, but most states have laws stating where the property is to go if there is no will (usually split among the closest degree of relatives, with a portion or all to the person's spouse if married), and also when probate is required (in California, estates of $100,000 and up are probated, with some exceptions).

Your sister living in North Carolina may want to contact a local attorney to get an answer, or she may be able to find the answer in the library.

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Answered on 5/05/98, 6:25 pm

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