Legal Question in Wills and Trusts in North Carolina

Me and my two sisters and a niece were left my mothers estate in a will after she passed. We each were left different percentages. After my moms death we did not probate her estate. Since then the niece has passed away and she left a debt owed to Medicaid. Now the deceased niece has a commissioner over her estate trying to take my mothers home even though my mother is still named on the deed. I live in the home and have lived in the home for 46years. In my mothers will it does not state specific items of her estate to be given to whom, it just has what percentage each person should get. Can Medicaid take my home to satisfy the nieces bill? Also after my moms death I was left in the home to live, take care of, and pay the property taxes

My sisters took all of my mothers personal items and anything they considered to be of value and hr bank accounts.


Asked on 1/12/14, 12:33 pm

1 Answer from Attorneys

Not probating your mother's estate was a big mistake. Your post indicates that the niece and you and your siblings were all entitled to a percentage of your mother's estate. You will have to go back and figure out what the estate of your mother was worth on the date of your mother's death and pay the niece's estate the niece's share assuming that all the time limits are met and there are no statute of limitations issues.

You do not indicate when your mother died so I don't know if probate of your mother's estate is possible or necessary at this juncture.

I don't know how your sisters could take the money in the bank accounts unless these were joint checking accounts with their names on it.

Regarding the house, I don't know what it was worth as of the date of death, if it was encumbered by a mortgage and how much of the house you were entitled to. You are not entitled to 100% of the home.

This is such a mess. You will need to do what you should have done when your mother died and go and see a probate attorney who practices in the county where your mother lived prior to her death. Maybe the attorney can help you figure out what the niece's share of the house was worth, minus her share of the taxes and upkeep, and Medicaid will let you pay the niece's share to the niece's estate.

You then should get your sister's to do a quitclaim deed of their share of the home and get the home in your name if that is possible.

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Answered on 1/12/14, 10:27 pm


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