FAQ 1: How do I avoid intestate probate in North Carolina? Detailed Answer When someone dies without a will or trust, North Carolina law follows a strict process called intestate succession. Under G.S. 29-14.1, assets pass to the closest relatives in a fixed order—spouse, children, parents, siblings, and so on. This public process involves appointing…
FAQ 1: Why Should I Create a Will and Name a Local Executor? Detailed Answer When someone dies without a will, North Carolina law treats their estate as “intestate.” Under N.C. Gen. Stat. § 28A-2-1, the court divides assets according to state rules rather than the decedent’s wishes. That triggers formal probate under N.C. Gen.…
FAQ 1: How Does a Revocable Living Trust Avoid Probate Delays in North Carolina? Detailed Answer A revocable living trust is a written arrangement you create during your lifetime. You transfer ownership of property—including real estate—into the trust. You remain in control as the trustee. You can change or revoke the trust at any time.…
1. What strategies can keep my property from getting tied up in probate court? Detailed Answer Without proactive planning, North Carolina real estate must go through probate. The Clerk of Superior Court in your county oversees estate inventory, creditor notices, and asset distribution. In Wake County, for example, selling a decedent’s home may require a…
FAQ 1: How do I guarantee my final wishes for remains and personal items are followed? Detailed Answer In North Carolina, you can set out clear instructions for your funeral, disposition of remains, and distribution of personal items to avoid family disagreements. Two key tools are the Advance Directive for Disposition of Remains and a…
1. How can I avoid forced partition disputes over inherited property? Detailed Answer Co-owning property as tenants in common often leads to disputes and forced partition actions (G.S. 46-1 et seq.). You can use these estate-planning tools to prevent that outcome: Joint Tenancy with Right of Survivorship: Holding real property as JTWROS (G.S. 41-4.2) means…
FAQ 1: How can a revocable trust help me avoid ancillary probate in North Carolina? Detailed Answer If you live out of state but own real estate or other titled assets in North Carolina, a revocable living trust can keep those assets out of the courts here. Under North Carolina law, a properly funded trust…
1. How Can a Will, Trust, and Beneficiary Designations Prevent Probate Delays? Detailed Answer When someone dies without a proper estate plan, family members often face time-consuming court proceedings known as probate. In North Carolina, probate can last months and generate additional legal fees. You can avoid or minimize these delays by using three key…
FAQ 1: How can a trust and Medicaid planning protect my home from estate recovery? Detailed Answer When someone needs Medicaid to pay for long-term care, North Carolina law allows the state to seek repayment from their estate (see G.S. §108A-70). Without planning, your home may be sold after your death to repay Medicaid. A…
FAQ 1: How do I fund my trust to include vehicles and avoid probate? Detailed Answer A revocable living trust is a document you create during your lifetime to hold and manage your assets. Proper funding means naming the trust as owner or beneficiary of each asset. For a vehicle, you retitle the car or…