Legal Question in Wills and Trusts in North Carolina

My brother in NC has one month to live. He is not happy with will. Tiny estate. Joint bank account an home worth about $15000. Joint account goes to person on account. He just wants simple will. Question can a will be filed so close to death? Also, should he just put house in someone elses name, so there is no estate for the debtors to come after?


Asked on 10/25/12, 9:09 am

1 Answer from Attorneys

I don't know where your brother is at in NC. I can do a will for him for a reasonable fee provided that he is still mentally competent to make a will. Wills can be done at ant time up until the moment of death if person is competent. If I were him, I would get a letter from his doctor to that effect just to make sure that nobody could contest the will.

Your brother does not have a small estate if its $15,000. The limits are $10,000 in NC. If your brother owns the home free and clear, yes, he can deed it to anyone else and retain a life estate in himself. However, if the home is only valued at $15,000, my question would be is this a mobile home or a stick built home? If a regular home. then it is evidenced by a deed. If its a mobile home, then is it attached to the land such that it has a deed? If not, then it has a certificate of title. In such case, your brother would sign the certificate of title to someone else if he wanted to do that.

Please have your brother contact me at [email protected] if he is interested. Most things can be done via email, fax and phone. It will not be necessary for him to travel if this is a concern. In addition to a will, your brother should have a financial and healthcare power of attorney as well as a living will to make sure that someone is able to assist him if he is no longer able to manage his affairs or make health decisions.

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Answered on 10/25/12, 10:24 am


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