Charles Evan Lohr

Evan Lohr is an attorney in Raleigh, NC. He focuses his practice on estate and trust litigation, serious personal injury, and general civil litigation. He has also represented hundreds of clients in estate planning, probate administration, and guardianship matters. Evan graduated with a B.A. in political science from the University of North Carolina at Wilmington in 2006 and received his law degree from the University of Tennessee. He is a past editor of The Administrative Lawyer, a publication of the North Carolina Bar Association. A Raleigh native, Evan is a graduate of Sanderson High School and is past president of Holy Trinity Lutheran Church.

• Probate
• Estate Planning
• Elder Law

• Will, Trust, and Estate Litigation
• Eminent Domain
• Real Estate Litigation

• Free Consultation
• Credit Cards Accepted
• Contingent Fees
  The availability of contingency fees depends on the facts and circumstances of each case.

North Carolina

Since 2012

Editor, the Administrative Lawyer newsletter

North Carolina Bar Association

2014 - 2015

University of Tennessee College of Law

J.D.

2009 - 2012

Honors: Harold C. Warner Centurion Scholarship, John F. Schrankel Scholarship, University of Tennessee College of Law Scholarship

Wake County Bar Association

Member

Current

North Carolina Bar Association

Member

Current

The Administrative Lawyer

North Carolina Bar Association

A Year of Recognition: An Interview with Senior Administrative Law Judge Fred G. Morrison, Jr.

North Carolina Bar Association, Administrative Lawyer newsletter

January, 2015

Q. Can you conduct a Summary administration (one real-property asset) in NC if the adult children renounce? (no will)

12 April 2019

A: There is likely a better option than summary administration. Feel free to give me a call to discuss. Evan Lohr 919-348-9211 Evan@lohrnc.com

Q. Does an ancillary estate in NC, require a notice to creditors to prove ownership, if the full estate was in SC.

4 March 2019

A: N.C.G.S. 28A-26-8 provides that creditors barred by the out-of-state notice are barred in NC, as well. Assuming a certified copy of the out-of-state affidavits of publication and notice are already in the ancillary estate file, I think the quickest solution is to have the agent talk to the closing attorney and title insurer to make sure they're okay with everything. If not, you can reopen the ancillary estate and publish notice in NC.

Q. I have revocable living trust, which was restated 5 years ago, superceding the original trust dated july 10 l998.

26 February 2019

A: You should be able to change successor trustees and eliminate special bequests with a trust amendment and restatement. The special needs trust may be more difficult to change depending on the situation. Feel free to contact me if you'd like to discuss more. Thank you, Evan Lohr Attorney at Law (919)348-9211 evan@lohrnc.com

Q. My wife passed, our residence is in NC. She had an account in a bank in SC. Bank won't let me get funds. What now?

20 February 2019

A: There are various options you could pursue with the Clerk of Court depending on the value of assets in her estate. I am glad to discuss if you'd like. Evan Lohr Attorney at Law (919)348-9211 evan@lohrnc.com

Q. Mom lived in Va & owned property in NC. I’m the beneficiary & live in Va. What are the steps to transferring to me?

15 February 2019

A: A certified copy of the will and the probate file must be filed with the clerk of court in the county where the real property is located and an order or probate entered there. Depending on the county, there are sometimes es additional steps that must be taken. Feel free to co text me if you need assistance. Best regards, Evan Lohr (919)348-9211 Evan@lohrnc.com

Q. In North Carolina, after death how much time do you have to put an estate through probate?

5 February 2019

A: If an executor hasn't opened an estate after 8 months, then another family member or a beneficiary under the will can apply to have it opened. There are several steps that need to be followed to do it properly. Feel free to call me to discuss further. Evan Lohr (919)348-9211

Q. NC Elective Share calculation - Can someone explain the calculation in layman terms?

25 January 2019

A: If the decedent and the surviving spouse were married less than five (5) years, the surviving spouse is entitled to fifteen percent (15%) of the decedent's net assets; If the decedent and the surviving spouse were married at least five (5) years but less than ten (10) years, the surviving spouse is entitled to twenty-five percent (25%) of the decedent's net assets; If the decedent and the surviving spouse were married to each other at least ten (10) years but less than fifteen (15) years, the surviving spouse is entitled to thirty-three percent (33%) of the decedent's assets; and If the decedent and the surviving spouse had been married to each other fifteen (15) years or more at the time of the decedent's death, the surviving spouse is entitled to fifty percent (50%) of the decedent's net assets.

Q. In NC are heirs responsible for secured debt, we did not co sign the loan but have been in contact with the bank.

24 January 2019

A: The real estate is not technically part of the estate, but you could get your expenses out of the property - assuming they are significant enough to make it worth doing so and there is enough equity. The debt stays with the property and becomes the responsibility of the new owners to deal with (or allow the property to be foreclosed on). The bank’s failure to respond to the creditor notice does not remove or invalidate their deed of trust. There are several issues that may need to be dealt with so I recommend speaking directly with an attorney. Feel free to give me a call. Evan Lohr (919)348-9211

Q. NC Elective share-When served with an elective share petition from the surviving spouse, and you have no defense,

23 January 2019

A: You do not have to respond if you believe you don't have any defense, however, there are often property valuation issues that come up in these types of cases. I'm glad to discuss if you'd like. Thank you, Evan Lohr Attorney (919)348-9211 evan@lohrnc.com