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. 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

Q. How solid is the “My 5 Wishes”?

21 January 2019

A: My condolences on your situation. In this case, since there was no will, North Carolina's intestacy rules will dictate how your fiance's assets are distributed. You may be able to be appointed administrator of the estate, especially if the child will agree that you should serve. Handling probate appropriately can be very difficult - feel free to contact me to discuss further. Evan Lohr Attorney (919)348-9211 evan@lohrnc.com

Q. Is there an AOC form to petition for an elective share? Form #? Sample petition?

17 January 2019

A: There is not an AOC form petition to request an elective share, but I will be glad to provide a template if you contact me directly. Thank you, Evan Lohr Attorney at Law evan@lohrnc.com (919)348-9211