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which state to file in?

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pennadaugher

Junior Member
What is the name of your state (only U.S. law)? NC and WV

My father moved 2 years ago to NC from WV but never changed his car registration or DL. He passed away 6/12 in NC. As a senior living on SS only, he did not file tax returns or have any property, other than a car we purchased for him 3 years ago. He left no will, only a handwritten paper stating that if something happened to him the car was to come back to me, as I was the one who paid for it. He had no money in the bank other than his monthly SS check. A Korean War vet, he was denied an Army pension. I live in PA, and brought the car, his few personal belongings and papers back with me. My brother and I paid for the funeral. The car(value maybe $1500) and the money in the bank (also in WV & under $1K) were his only assets. He has an ex-wife in NC, no other family. My questions: I assume he is considered a WV resident? If I do have to go to probate, would that be in NC or WV? If NC, do I have to travel back down there? I just don't know where to start. Thanks so much for any leads you can give me.
 


Dandy Don

Senior Member
Normally probate should be done in the state where the death occurred, but you can contact a probate attorney in NC or wherever you are to find out the rules and regulations of whether probate can be done where you reside since it would be difficult for you to travel elsewhere.
 

BusyMom1967

Junior Member
Dang this sounds just like my situation. Except we live in TN and my father traveled between TN and NC. He died in NC.
 

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